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Litter Ordinance Proposal

 

Interestingly enough, the Courier-Journal failed to print a news item that directly effects them and could hurt their “image”, as well as their pocket book.

  In council on Thursday, the Metro Council heard and received information regarding an ordinance that would increase difficulty of the delivering of TMC’s to individuals who do not subscribe to the paper. As a result, the Courier-Journal has it’s couriers provide the “service” of delivering these items to non-subscribers, and often these items are left in the yards, driveways, and sidewalks causing an “eyesore”.

  Brent Ackerson, (Dem.- Dist. 26), has sponsored a bill that seeks to make it more difficult, and he has gained support from a host of council members. Jon Ackerson, Jim King, Bob Henderson, Marianne Butler, Vicki Aubrey Welch, Rick Blackwell, and James Peden have already signed onto this proposal.

 

  Since the proposal has yet been reported accurately, and a copy has been provided to us, we have decided to publish it in it’s entirety as it stands at this time.

See below:

 

ORDINANCE NO. _________, SERIES 2009

 

AN ORDINANCE REQUIRING THAT THE DELIVERY OF UNSOLICITED WRITTEN MATERIALS TO A PREMISES BE PLACED IN A DISTRIBUTION BOX, ON THE FRONT PORCH, SECURELY ATTACHED TO THE FRONT DOOR OR EXTERIOR OF A MAILBOX, OR BETWEEN THE EXTERIOR AND INTERIOR FRONT DOOR.

 

                        Sponsored by:   Brent Ackerson, District 26

                                                       Jon Ackerson, District 18

       Jim King, District 10

                                                       Robert Henderson, District 14

                                                       Marianne Butler, District 15

                                                       Vicki Aubrey Welch, District 13

                                                       Rick Blackwell, District 12

                                                       James Peden, District 23     

 

WHEREAS, the legislative council of Louisville/Jefferson County Metro Government (“Metro Council”) is concerned about the proliferation of litter in the community; and

WHEREAS, it has come to the attention of the Metro Council that deliveries of unsolicited written materials are being haphazardly delivered throughout Metro Louisville by distributing such materials on sidewalks, yards, and driveways with no means to ensure that such items do not add to the litter problem created; and

WHEREAS, the Metro Council has determined that these unsolicited written materials have contributed to the litter and visual blight of private premises, public streets, sidewalks, and other public places as well as damaging property, including but not limited to, causing or contributing to sewage and/or drainage backups; and

WHEREAS, the Metro Council wants to ensure that these unsolicited written materials do not litter the streets, sidewalks, other public places and yards and driveways of private premises, nor cause visual blight in our neighborhoods, nor damage property by causing or contributing to sewage and/or drainage backups; and

WHEREAS, this Ordinance is an effort to reduce unwanted litter and visual blight caused by unsolicited written materials on public property and the yards and driveways of private premises, and to further prevent damage to property as a result of sewage and/or drainage backups.

NOW, THEREFORE, BE IT ORDAINED BY THE METRO COUNCIL:

 

SECTION I.  A new section of the Louisville/Jefferson County Metro Code of Ordinances is hereby added as follows:

(1)       Unsolicited written materials delivered to a premises shall be placed:

(a) where permitted, in a distribution box located on or adjacent to the premises; or

(b) on a porch, if one exists, nearest the front door; or

(c) so such materials are securely attached to the front door; or

 (d) so such materials are securely attached to the exterior of a mailbox located on or adjacent to the premises; or

(d) between the exterior front door, if existent and unlocked, and the interior front door; or

(e) personally with the owner, occupant and/or lessee of the premises.   

(2)       Unsolicited written materials placed at a premises create a rebuttable presumption that the materials were placed at the premises by the owner, agent, manager, and/or authorized distributor of the business, product, good, service, message, or idea, which is being advertised, promoted, endorsed or conveyed in such materials.

(3)       The provisions of this Ordinance do not apply to the United States Postal Service.

(4)       For purposes of this Ordinance, the following definitions shall apply:

(a)       Front Door.  The street-facing entrance to a principal structure.  In the event no door faces the street, then any other door of a principal structure nearest the street shall be considered a front door for purposes of this Ordinance.

(b)       Porch.  An exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.

(c)        Premises.  A lot, plot or parcel of land including any structures, driveways, or other impervious surfaces thereon.

(d)       Principal Structure.  A structure, as that term is defined in the Land Development Code for All of Jefferson County, Kentucky, or combination of structures of primary importance on the Premises, and that contains the primary use associated with the Premises.  The primary use is characterized by identifying the main activity taking place on the Premises.

(e)       Unsolicited Written Materials. Any written materials, which are delivered to any premises, without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises.

  (5)     Any placement of unsolicited written materials in areas on or adjacent to a  premises other than as set forth in Section (1), above, shall be a violation of this Ordinance, classified as a civil offense and enforced through the Code Enforcement Board (“Board”) as provided in §§ 32.275 through 32.290, or as it may be amended.  The civil penalty shall be a minimum of $100 and a maximum of $200 for each violation.     

Section Ii.    This Ordinance shall take effect upon its passage and approval.

______________________________           ____________________________  

Kathleen J. Herron                                              David W. Tandy

Metro Council Clerk                                            President of the Metro Council

 

 

____________________________

   

    Approved:___________________

Jerry E. Abramson

Mayor

                     Date

 

 

 

APPROVED AS TO FORM AND LEGALITY:

Michael J. O’Connell

Jefferson County Attorney

 

 

BY:____________________________

Draft 11 epm 04082009 4:20 p.m. 

April 24, 2009 - Posted by | Proposed Ordinances | , , ,

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