Title
An Ordinance amending Section 16-15(f) of the Code of Ordinances related to refuse collection to exempt peace officers performing their official duties from this Section. [Div. of Police, Bastin]
Summary
Authorization to amend Chapter 16, Article II, Refuse Disposal, Sec. 16-15 (f) of the Code of Ordinances to include a law enforcement exemption, prohibiting individuals from interfering or removing materials from trash receptacles that have been left for collection with the exception of those in the business of trash collection. (L457-11) (Bastin/Mason)
This is a request to amend Chapter 16, Article II, Refuse Disposal, Sec. 16-15 (f) of the Code of Ordinances to include a law enforcement exemption which will reflect a currently accepted practice as endorsed by the U.S. Supreme Court prohibiting individuals from interfering or removing materials from trash receptacles that have been left for collection with the exception of those in the business of trash collection.
Budgetary Implications: N/A
Advance Document Review: Law/Risk Management
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This Fiscal Year Impact: $ -0-
Annual Impact: $ -0-
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Body
{BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Section 16-15(f) of the Code of Ordinances of the Lexington-Fayette Urban County Government be and hereby is amended to read as follows:
(f) It shall be unlawful for any person, other than refuse collectors in the Division of Solid Waste and a person duly license to collect, haul, convey or transport any of the waste materials herein mentioned, to interfere in any manner with the receptacles: containing any such waste materials, or to remove any such receptacle from the location where placed by the owner thereof, or to remove any of the contents of such receptacles. Peace officers in the execution of their official duties are exempt from this section.
Section 2 ...
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