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File #: 0189-13    Version: 1 Name: Public Nuisance Ordinance
Type: Ordinance Status: Approved
File created: 2/20/2013 In control: Urban County Council
On agenda: 3/7/2013 Final action: 3/7/2013
Enactment date: 3/7/2013 Enactment #: O-024-2013
Title: An Ordinance amending Section 12-60 of the Code of Ordinances of the Lexington Fayette Urban County Government related to public nuisances to amend the definition to include assault, sexual offenses and weapons or any other felony and to provide an exception when the owner or occupant is the victim of the crime and had no control over the criminal act; amending Section 12-61 of the Code of Ordinances relating to public nuisances to delete the word residential; amending Section 12-63 of the Code of Ordinances relating to public nuisances to delete the word residential. [Council Office, Maynard]
Attachments: 1. 00376997.pdf, 2. Ordinance 24-2013.pdf
Title
An Ordinance amending Section 12-60 of the Code of Ordinances of the Lexington Fayette Urban County Government related to public nuisances to amend the definition to include assault, sexual offenses and weapons or any other felony and to provide an exception when the owner or occupant is the victim of the crime and had no control over the criminal act; amending Section 12-61 of the Code of Ordinances relating to public nuisances to delete the word residential; amending Section 12-63 of the Code of Ordinances relating to public nuisances to delete the word residential. [Council Office, Maynard]
Body
BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That section 12-60 of the Code of Ordinances of the Lexington Urban County Government be and hereby is amended to read as follows:
Sec. 12-60. - Definition.
For purposes of sections 12-60 through 12-70, the term public nuisance is hereby defined as any premises or place where law enforcement officers have, on more than two (2) occasions in a twelve (12) month period, criminally cited or arrested a person for violation of the laws governing assault, sexual offenses, prostitution, controlled substances, weapons, gambling on the premises or any felony or executed a court-issued search warrant for violation of the laws governing assault, sexual offenses, prostitution, controlled substances, weapons, gambling on the premises or any felony. Instances in which the owner or occupant is the victim of the crime and had no control over the criminal act shall not be considered in the number of occasions including domestic violence calls for service.

Section 2 - That section 12-61 of the Code of Ordinances of the Lexington Urban County Government be and hereby is amended to read as follows:
Sec. 12-61. - Prohibition.
No owner of property located within the urban county shall allow his or her property to be used as the site for any public nuisance after having received notice pursu...

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