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(A) Except as provided in subsection (B) of this section, no department or employee of Louisville Metro Government may relocate a person from a camp that has existed continuously in that area for 72 hours or longer, excluding holidays and weekends until Louisville Metro, through the Office of Resilience and Community Services in collaboration with the Department of Public Health and Wellness, the Coalition for the Homeless or a like organization, Louisville Metro Police Department, and the Department of Public Works, or any successor agencies, has assessed the individual(s) in the camp and the camp’s relationship to its neighbors using a consistent methodology to determine the risk to public health or safety and the intensity of service provision that will be offered and given appropriate notice, but no less than 21 days' notice, to the persons living in the camp and to the Coalition for the Homeless or a like organization. A preliminary risk assessment shall be conducted within ten business days of the Office of Resilience and Community Services or a successor agency receiving initial notification of an encampment. The relocation must take place by Louisville Metro within 21 days from the date of the Notice expiring, otherwise a new 21-day Notice must be given for the relocation. Notice to the persons in the camp shall consist of signs posted in a conspicuous place at the camp giving the earliest date on which personal property may be removed. The signage shall include a visual symbol or symbols as well as text. Notice to the Coalition for the Homeless or a like organization should be given through a phone call or email requesting verification that it has been received.
(B) Louisville Metro shall provide whatever notice of relocation is reasonable under the circumstances to both the person(s) in the camp and to the Coalition for the Homeless or a like organization, with organizational notice given through a phone call or email requesting verification that it has been received, when Louisville Metro makes a written determination, after conducting the risk assessment called for in subsection (A) of this section, that an emergency exists.
(C) If a risk assessment has been conducted for a camp in accordance with subsection (A) of this section, and the determination has been made to relocate the persons in the camp, the Office of Resilience and Community Services or a successor agency shall make demonstrated efforts to communicate the findings from the risk assessment, and the specific number of days required for action, to the Office's community contacts in the affected neighborhood. These community contacts shall include, but shall not be limited to, the Metro Council member for the district(s) in which a camp is located, neighborhood associations, and active community groups directly impacted by the posting of notice of relocation.
(D) Upon receiving the notice described in subsection (A), the Coalition for the Homeless or a like organization may notify participating service providers, faith-based organizations, street ministries and volunteers to offer the persons to be relocated available assistance, including any available assistance with transitional or permanent housing, and other services.
(E) The Coalition for the Homeless or a like organization shall be provided at least three days' notice of the actual date and time when a person is to be relocated so that participating service providers, faith-based organizations, street ministries and volunteers are on site at the time of the relocation to offer assistance.
(F) The protections of this section shall not apply to locations where:
(1) Permanent, conspicuous notices are posted that camps are not allowed based on the results of the risk assessment conducted in accordance with subsection (A) of this section, and that personal items are subject to be removed immediately and where removal of such items occurs on a regular basis; or
(2) A camp has existed for fewer than 72 continuous hours, excluding holidays and weekends. Once a camp which has been in existence for fewer than 72 hours has been identified, before a person may be relocated from that camp, a minimum of 48 hours’ advance notice shall be given unless either subsection (F)(1) applies or the camp presents an imminent safety risk to the persons in the camp or to others, in which case no notice is required. The 48 hours’ advance notice of removal shall be given:
(a) To the affected person. Posting of a written notice in the area will satisfy the 48 hours’ in advance notice requirement, but all reasonable efforts should be made to provide individualized verbal notice as well;
(b) To any entity designated by the Coalition for the Homeless or a like organization; and
(c) To street outreach teams designated by the Office of Resilience and Community Services or any successor agencies.
(G) Any Louisville Metro employee found to be in violation of this subsection may be disciplined and shall attend a training session regarding the implementation of this section to be conducted by the Office of Resilience and Community Services or its successor agency.
(H) The Office of Resilience and Community Services or a successor agency shall submit an annual written summary of anonymized risk assessment data to the Metro Council. In order to conduct a special committee discussion on the topic, Metro Council shall assign the summary to a committee for review.
(Lou. Metro Ord. No. 21-2018, approved 2-14-2018; Lou. Metro Am. Ord. No. 171-2021, approved 11-16-2021; Lou. Metro Am. Ord. No. 199-2022, approved 12-15-2022)
(A) If a person is relocated from a camp with fewer than 21 days' notice under the emergency provision in § 131.03(B), Louisville Metro must maintain any of the person's personal items found at the camp that have apparent utility and are not unsanitary, including but not limited to, identification documents, birth certificates, and other personal documents and effects, in a safe and secure place for a minimum of 30 days. Animals found with personal items will be transported to Louisville Metro Animal Services ("MAS") for impoundment in compliance with LMCO Chapter 91 and state law. The MAS Director will promulgate regulations regarding treatment and release of animals impounded under this section, which shall include a waiver of fees and penalties allowable under the law. The MAS Director is encouraged to consult with a local organization which assists persons and their companion animals in promulgating said regulations.
(B) Notice shall be posted at the site of the camp, providing a telephone number to call to arrange an appointment to pick up personal property. The notice shall be posted in a conspicuous place in the general vicinity, but not more than 30 feet from the location where the property was removed, and shall be laminated or otherwise made to be weather resistant. After 30 days, Louisville Metro may dispose of any unclaimed personal items and remove the notice regarding personal property.
(C) This protections of this section shall not apply to locations where:
(1) Permanent, conspicuous notices are posted that camps are not allowed based on the results of the risk assessment conducted in accordance with § 131.03(A), and that personal items are subject to be removed immediately, and where removal of such items occurs on a regular basis; or
(2) A camp has existed for fewer than 72 continuous hours, excluding holidays and weekends.
(D) Any Louisville Metro employee found to be in violation of this subsection may be disciplined and shall attend a training session regarding the implementation of this section to be conducted by the Office of Resilience and Community Services or its successor agency.
(Lou. Metro Ord. No. 21-2018, approved 2-14-2018; Lou. Metro Am. Ord. No. 171-2021, approved 11-16-2021; Lou. Metro Am. Ord. No. 199-2022, approved 12-15-2022)
GRAFFITI
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BROAD-TIPPED INDELIBLE MARKER.
Any felt-tip marker or similar implement containing a fluid that is not water-soluble and which has a flat or angled writing surface one-fourth inch or greater.
ETCHING ACID.
Any liquid, cream, paste, or similar chemical substance that can be used to etch, draw, carve, sketch, engrave, or otherwise alter, change, or impair the physical integrity of glass or metal.
GRAFFITI. Drawings, inscriptions, or markings, of whatever kind, character, or description, made using aerosol spray paint, etching acid or other etching materials, or broad- tipped indelible markers or other similar materials on a wall or other surface, so as to be seen by the public, placed there by a person other than the lawful owner or occupant of the property, without consent or acceptance of said owner or occupant. The definition of graffiti for the purposes of this chapter is not intended to discourage legal and authorized artistic expressions including street art, but instead, is meant to address vandalism in the form of graffiti.
(Lou. Metro Ord. No. 26-2005, approved 3-1-2005; Lou. Metro Am. Ord. No. 106-2020 approved 9-11-2020)
Any person selling, or offering to sell aerosol spray paint, broad-tipped indelible markers, or etching acid or other etching materials must:
(A) Keep such items in a place that restricts public access within the retail establishment; and
(B) Place a sign in clear public view at or near the display of such products stating: “Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime subject to jail time, criminal fines and civil penalties.”
(Lou. Metro Ord. No. 26-2005, approved 3-1-2005; Lou. Metro Am. Ord. No. 106-2020 approved 9-11-2020)
(A) (1) Unlawful conduct or activities by individuals shall encompass the following: No person may possess an aerosol spray paint container, broad-tipped indelible markers, or etching acid or etching materials with the intent to deface, destroy, or damage any property.
(2) For purposes of this section, any possession of such items on either public property, or private property without the express consent of the legal owner, shall be prima facie evidence of intent.
(B) Unlawful activity with regard to property shall encompass the following:
(1) All sidewalks, walls, buildings, fences, signs and other structures or surfaces shall be kept free from graffiti when the graffiti is visible from the street, or from other public or private property.
(2) Abatement or removal of graffiti by the property owner, or responsible party (or signature on waiver form as set forth herein) must occur within seven calendar days of issuance of any notice of violation, citation, or order.
(C) It shall be unlawful to create graffiti. Any offender of this section shall be subject to the civil penalties set forth in this chapter. Such civil penalties may be in conjunction with any criminal prosecution under KRS 512.030 - 512.040. This chapter shall not be enforceable in conjunction with any felony prosecution for acts of graffiti.
(Lou. Metro Ord. No. 26-2005, approved 3-1-2005; Lou. Metro Am. Ord. No. 106-2020 approved 9-11-2020)
(3) The provisions of § 131.12(C) may be enforced by any law enforcement officer or officer of the Louisville Metro Code Enforcement Division.
(B) A notice of violation, citation, or order shall be issued to the owner of private property and shall include the following:
(1) Identification/location of the property.
(2) Location of the graffiti.
(3) A general description of the graffiti.
(Lou. Metro Ord. No. 26-2005, approved 3-1-2005; Lou. Metro Am. Ord. No. 106-2020 approved 9-11-2020)
(A) (1) Within seven calendar days of issuance of any notice of violation, citation, or order, the property owner or responsible party must:
(a) Abate the graffiti according to Metro Government’s policies and procedures; or
(b) Sign a waiver form that will allow Metro Government to proceed to abate the graffiti with the cost of abatement done on the part of Metro Government being borne by the owner/responsible party.
(2) If a waiver form is not signed within the seven-day period, Metro Government may proceed with the abatement according to its policies and procedures for such abatement, and bill the owner or responsible party for the costs thereof. In any event, Metro Government shall bill the owner or responsible party for the costs of any work done on the part of Metro Government on such owner or responsible party's property to abate graffiti. In the event the bill is not paid for work done by the Metro Government to abate graffiti within 90 days of its issuance, a statement of the account shall be certified, and Metro Government may proceed with judicial action to collect the fine, along with interest at the rate established by law.
(3) By appropriate order of the Louisville Metro Code Enforcement Board, Metro Government, or its authorized contractor, is expressly authorized to enter private property and abate graffiti thereon, in accordance with this section. Louisville Metro Police Department may assist in the enforcement of this subchapter.
(4) If Metro Government performs the abatement, either upon receipt of waiver form, or by means of seven-day elapse of time without other abatement, the property owner or responsible party is put on notice that abatement shall occur by standard means, which may or may not meet with the subjective standards of said property owner or responsible party. Metro Government shall not be liable for any damage to the property, or decline in its value by reason of the abatement performed.
(Lou. Metro Ord. No. 26-2005, approved 3-1-2005; Lou. Metro Am. Ord. No. 106-2020 approved 9-11-2020)
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