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File #: O-353-18    Version: Name:
Type: Ordinance Status: Passed
File created: 9/20/2018 In control: Metro Council
On agenda: 10/25/2018 Final action: 10/25/2018
Title: AN ORDINANCE AMENDING CHAPTER 156 OF THE LOUISVILLE METRO CODE OF ORDINANCES ("LMCO") INCLUDING DRUG PARAPHERNALIA AND UNLICENSED MASSAGE THERAPY WITHIN THE MEANING OF CRIMINAL ACTIVITY IN THE CRIMINAL ACTIVITY AS A PUBLIC NUISANCE ORDINANCE (AS AMENDED).
Sponsors: David James (D-6), Jessica Green (D-1), Cheri Bryant Hamilton (D-5), Angela Leet (R-7)
Attachments: 1. O-353-18 V.2 FAM 102518 Amending LMCO 156 to Include Drug Paraphernalia in Meaning of Criminal Activity.pdf, 2. O-353-18 PROPOSED AMENDMENT.pdf, 3. O-353-18 V.1 092718 Amending LMCO 156 to Include Drug Paraphernalia in Meaning of Criminal Activity.pdf, 4. Amending LMCO 156.057 PublicNuisance. DB 11.7.18.pdf, 5. ORD 199 2018.pdf

ORDINANCE NO. _______________, SERIES 2018

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AN ORDINANCE AMENDING CHAPTER 156 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) INCLUDING DRUG PARAPHERNALIA AND UNLICENSED MASSAGE THERAPY WITHIN THE MEANING OF CRIMINAL ACTIVITY IN THE CRIMINAL ACTIVITY AS A PUBLIC NUISANCE ORDINANCE (AS AMENDED).

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SPONSORED BY:  PRESIDENT JAMES, COUNCILMEMBERS GREEN, HAMILTON, LEET, SHANKLIN, WOOLRIDGE, AND LANSHIMA

 

WHEREAS, Metro Council is concerned with the compliance of current drug laws as well as the public health problems associated with drug-related crime and violence in the community;. Metro Council is also concerned with human trafficking and prostitution within illicit massage businesses, commonly known as massage parlors. 

WHEREAS, Metro Council believes that incorporating unlicensed massage therapy within the Criminal Activity as a Public Nuisance ordinance will help to eliminate massage parlor trafficking while ensuring the health and safety of customers and employees of therapeutic massage businesses

WHEREAS, Metro Council believes including drug paraphernalia in the definition of criminal activity within the Criminal Activity as a Public Nuisance ordinance will help enforce drug laws as well as reduce crime and violence in the community; and

 WHEREAS, to accomplish this objective, Metro Council modifies the definition of criminal activity as a public nuisance to include drug paraphernalia and unlicensed massage therapy to prohibit owners of residential, commercial, or vacant property from allowing their premise to be used as the site for drug-related crime. 

NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:

 

SECTION I.  Section 156.057(A)(2) of the LMCO is hereby amended as follows:

§156.057  CRIMINAL ACTIVITY AS A PUBLIC NUISANCE.

(2)                      Any premises, other than hotels/motels, where law enforcement officers, on more than one occasion in the preceding 12-month period, where each such offense listed below begins a new 12 month period, have issued (i) an official incident report, or (ii) criminally or administratively cited, or (iii) arrested a person for any of the following violations:

                     (a)                     Prostitution and/or human trafficking offenses under KRS Chapter 529;

        (b)   Sexual offenses under KRS Chapter 510 with the exception of KRS 510.150;

                     (c)   Gambling offenses under KRS Chapter 528;

                     (d)                     The sale or use of alcoholic beverages on or from either licensed or unlicensed premises;

                     (e)                     Misdemeanor or felony possession, trafficking, or manufacturing drug offenses under KRS Chapter 218A;

                     (f)                     Murder under KRS 507.020 and manslaughter under KRS 507.030 and KRS 507.040;

                     (g)                     Assault or related offenses under KRS Chapter 508; or

                     (h)                     Theft offenses under KRS chapter 514.; or

                     (i)                     Drug paraphernalia offenses as defined by KRS 218A.500. and 218A.510; or

                     (j)                       Unlicensed massage therapy under KRS 309.353.

SECTION II.  This Ordinance shall take effect upon passage and approval.

 

_______________________________                                          ________________________________

H. Stephen Ott                                                                                                         David James

Metro Council Clerk                                                                                                         President of the Council

 

 

_______________________________                                          ________________________________

Greg Fischer                                                                                                                              Approval Date

Mayor

 

APPROVED AS TO FORM AND LEGALITY:

 

Michael J. O’Connell

Jefferson County Attorney

 

 

By:  ___________________________