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The following definitions shall apply to this subchapter as written unless context indicates or requires a different meaning:
CHRONIC NUISANCE PROPERTY. A hotel or motel establishment on which three or more nuisance activities exist or have occurred during any 90 day period or on which 12 or more nuisance activities exist or have occurred during any 12 month period.
CONTROL. The authority to regulate, restrain, dominate, counteract, or govern property, or conduct which occurs on a property.
GOOD CAUSE. Circumstances beyond the ability of the owner or manager of the Chronic Nuisance Property acting with reasonable care and diligence to control.
(1) Any of the following activities, behaviors, or conduct when same occur on property within the city:
(a) HARASSMENT, as defined in KRS 525.070 through 525.080;
(b) PUBLIC INTOXICATION OR ALCOHOL INTOXICATION, as defined in KRS 525.100 or KRS 222.202;
(c) DISORDERLY CONDUCT, as defined in KRS 525.055 and KRS 525.060;
(d) MURDER, MANSLAUGHTER, or RECKLESS HOMICIDE as defined in KRS 507.020, 507.030, 507.040, or 507.050;
(e) RAPE, SODOMY, SEXUAL ABUSE, SEXUAL MISCONDUCT, INDECENT EXPOSURE as defined in KRS 510.010 through 510.155;
(f) ASSAULT, MENACING, WANTON ENDANGERMENT, TERRORISTIC THREATENING, CRIMINAL ABUSE, STALKING, OR DISARMING A POLICE OFFICER, as defined in KRS 508.010 through 508.160;
(g) OBSTRUCTION OF PUBLIC ADMINISTRATION, as defined in KRS 519.010 through KRS 519.070;
(h) PROMOTING GAMBLING, CONSPIRACY TO PROMOTE GAMBLING, POSSESSION OF GAMBLING RECORDS, OR ANY OTHER ILLEGAL GAMBLING ACTIVITIES, as defined in KRS Chapter 528;
(i) PROSTITUTION, PROMOTING PROSTITUTION, PERMITTING PROSTITUTION, OR HUMAN TRAFFICKING, as defined in KRS 529.010 through 529.110;
(j) ENDANGERING THE WELFARE OF A MINOR OR UNLAWFUL TRANSACTION WITH A MINOR, as defined in KRS 530.060 through 530.080;
(k) DISTRIBUTION OF OBSCENE MATTER, PROMOTING SALE OF OBSCENITY, OR VOYEURISM, as defined in KRS 531.010 through 531.110;
(l) SEXUAL EXPLOITATION OF MINORS, as defined in KRS 531.300 through 531.370;
(m) DRUG POSSESSION OR TRAFFICKING, as defined in KRS 218A.010 through 218A.1444;
(n) WEAPONS RELATED OFFENSES, as defined in KRS 527.010 through 527.210;
(o) ALCOHOL RELATED OFFENSES, as defined in KRS Chapters 241,242, 243, and 244;
(p) NOISE VIOLATIONS, as defined in Chapter 98 of the City of Richmond, Kentucky Code of Ordinances;
(q) The discharge of a firearm;
(r) A drug overdose resulting in death, or one which necessitated medical intervention or resuscitation.
(2) A NUISANCE ACTIVITY shall be deemed to have occurred if:
(a) It has been personally observed by a city police officer or a city codes enforcement officer; or
(b) A city police officer or a city codes enforcement officer determines, following investigation of the event in question, that the alleged nuisance activity in fact occurred.
(3) An incident shall not be deemed to be a NUISANCE ACTIVITY:
(a) If it was the report or request for assistance made by the owner or manager of the hotel or motel which occasioned the presence on the premises of the city police officer or codes enforcement officer relating to the incident in question; or
(b) Unless the owner, within 45 days of its occurrence, shall have been given written notice of it.
OWNER. The person(s) or entity shown to be the owner of the property in question in the records of the Madison County Property Valuation Administrator, whose address shall be as is set forth in such records.
PERMIT. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
PROPERTY. Any property, including land and that which is affixed, incidental or appurtenant to land, including any parking area, loading area, landscaping, building, structure, separate unit or portion thereof.
(Ord. 19-14, passed 7-9-19; Ord. 19-16, passed 8-27-19)