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File #: 1148-12    Version: 1 Name: Section 14-205, Civil Enforcement, Littering
Type: Ordinance Status: Approved
File created: 10/24/2012 In control: Urban County Council
On agenda: 11/15/2012 Final action: 11/15/2012
Enactment date: 11/15/2012 Enactment #: O-146-2012
Title: An Ordinance creating Section 14-105 of the Code of Ordinances, Lexington-Fayette Urban County Government, pertaining to civil enforcement of littering violations and providing for classifying the offense of littering proscribed by KRS § 512.070(1) as a civil offense pursuant to KRS § 512.070(4) and authorizing issuance of civil citations for littering; designating the Environmental Hearing Board as the Code Enforcement Board having authority to determine whether a violation has occurred; establishing administrative procedures to contest citations; fixing civil penalties for littering violations in the following amounts: fifty dollars ($50), first offense, uncontested; seventy-five dollars ($75), first offense, contested; two hundred dollars ($200), second offense, uncontested; three hundred dollars ($300), second offense, contested; five hundred dollars ($500), third or subsequent offense, uncontested; and seven hundred and fifty dollars ($750), third or subsequent offense, contested;...
Attachments: 1. 00364266.pdf
Title
An Ordinance creating Section 14-105 of the Code of Ordinances, Lexington-Fayette Urban County Government, pertaining to civil enforcement of littering violations and providing for classifying the offense of littering proscribed by KRS § 512.070(1) as a civil offense pursuant to KRS § 512.070(4) and authorizing issuance of civil citations for littering; designating the Environmental Hearing Board as the Code Enforcement Board having authority to determine whether a violation has occurred; establishing administrative procedures to contest citations; fixing civil penalties for littering violations in the following amounts: fifty dollars ($50), first offense, uncontested; seventy-five dollars ($75), first offense, contested; two hundred dollars ($200), second offense, uncontested; three hundred dollars ($300), second offense, contested; five hundred dollars ($500), third or subsequent offense, uncontested; and seven hundred and fifty dollars ($750), third or subsequent offense, contested; designating use of penalty amounts received as follows: seventy-five percent (75%) to Keep Lexington Beautiful for litter education and abatement and twenty-five percent (25%) to the issuing division or agency; authorizing liens and imposing personal liability for civil penalties and costs of enforcement; amending Subsections 14-10(f)(4) and 14-10(f)(9) of the Code of Ordinances to designate citation officers to enforce this Ordinance; and amending Section 16-76 of the Code of Ordinances to authorize the Environmental Hearing Board to hear matters relating to enforcement of this Ordinance; all effective on January 1, 2013. [Council Office, Maynard]
Body
BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Section 14-105 of the Code of Ordinances be and hereby is created to read as follows:
Section 14 - 105. - Littering.

(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context cle...

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