Ordinance No. __________, Series 2018
TITLE
AN ORDINANCE REPEALING PORTIONS OF LOUISVILLE/ JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES CHAPTER 132.03(A)(19) RELATING TO PANHANDLING.
BODY
SPONSORED BY: COUNCIL MEMBERS HOLLANDER AND ENGEL
WHEREAS, Louisville/Jefferson County Metro Government (“Louisville Metro Government”) last revised the Louisville/Jefferson County Metro Government Code of Ordinances (“LMCO”) § 132.03(A)(19) on August 27, 2012 relating to panhandling, and penalties for the criminal offense of panhandling in Louisville Metro;
WHEREAS, Dennis Champion challenged the constitutionality of Lexington-Fayette Urban County Government’s panhandling ordinance on an appeal after being convicted of panhandling in Fayette County District Court;
WHEREAS, the Kentucky Supreme Court struck down Lexington-Fayette Urban County Government’s panhandling ordinance as a violation of the First Amendment of the United States Constitution (see attached Kentucky Supreme Court opinion); and
WHEREAS, Louisville/Jefferson County Metro Council hereby repeals LMCO § 132.03(A)(19) to comply with the opinion issued by the Kentucky Supreme Court.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: LMCO § 132.03(A)(19) is hereby repealed.
SECTION II: This Ordinance shall take effect upon its passage and approval.
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_______________________________ H. Stephen Ott Metro Council Clerk |
_____________________________ David James President of the Council |
|
_______________________________ Greg Fischer Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ____________________________
O-430-17 Repeal LMCO 132 panhandling sh-sjm 10-9-17.docx