[HISTORY: Adopted by the City Council of the City of Lexington as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2010 by Ord. No. 2010-4]
The ordinances and certain resolutions of the City of Lexington, as codified by General Code, LLC, and consisting of the Chapters 1 through 300, together with an Appendix, shall be known collectively as the "Code of the City of Lexington," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the Code of the City of Lexington to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1998 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Lexington, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All ordinances of a general and permanent nature of the City of Lexington in force on the date of the adoption of this ordinance, inconsistent with the provisions contained therein, and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the City of Lexington prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the City of Lexington or any penalty, punishment or forfeiture which may result therefrom.
C. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of the City of Lexington.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Lexington.
E. 
Any ordinance of the City of Lexington providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the City of Lexington or any portion thereof.
F. 
Any ordinance of the City of Lexington appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the City of Lexington or other instruments or evidence of the City's indebtedness.
G. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property.
J. 
Any ordinance relating to salaries and compensation.
K. 
Any ordinance amending the Zoning Map or providing for variations or PUD approval in accordance with the City Zoning Ordinance.
L. 
Any ordinance relating to or establishing a pension plan or pension fund for City employees.
M. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.
N. 
Any ordinance adopted subsequent to August 31, 2009.
If any clause, sentence, paragraph, section, article, chapter or part of this ordinance or of any ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the office of the City Clerk of the City of Lexington and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the City Clerk of the City of Lexington by impressing thereon the Seal of the City of Lexington, and such certified copy shall remain on file in the office of said City Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements to any of the ordinances and resolutions known collectively as the "Code of the City of Lexington" or any new ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the City Council to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the Code as amendments and supplements thereto. Nothing contained in this ordinance shall affect the status of any ordinance or resolution contained herein, and such ordinances or resolutions may be amended, deleted or changed from time to time as the City Council deems desirable.
It shall be the duty of the City Clerk to keep up-to-date the Code of the City of Lexington. All changes in said Code and all ordinances and resolutions adopted by the City Council subsequent to the enactment of this ordinance in such form as to indicate the intention of said City Council to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, ordinances or resolutions until such changes, ordinances or resolutions are printed as supplements to said Code, at which time such supplements shall be incorporated therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the City Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the City Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
Any person who, without authorization from the City Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the City of Lexington or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of Lexington to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be fined in an amount not to exceed $750 for each offense.
A. 
In compiling and preparing the ordinances and resolutions for publication as the Code of the City of Lexington, no changes in the meaning or intent of such ordinances and resolutions have been made. In addition, certain grammatical changes, administrative changes, and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such.
B. 
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-11B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-14-2010 by Ord. No. 2010-4." Schedule A, which contains a complete description of all changes, is on file in the City offices.
The provisions of this ordinance are hereby made Article I of Chapter 1 of the Code of the City of Lexington, such ordinance to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this ordinance shall be numbered §§ 1-1 to 1-13, inclusive.
This ordinance shall be in full force and effect 10 days following publication as provided by law.
[Adopted 3-26-2012 by Ord. No. 2012-4]
[Amended 10-13-2014 by Ord. No. 2014-9]
A. 
Whenever in this code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of the code or any ordinance shall be punished by a fine of not less than $25 and not more than $750 for each offense.
B. 
Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense.
C. 
In addition to any monetary fine or other penalty which may be imposed for violation of any section or provision of this code or any ordinance of the City, the City Attorney or any special counsel retained by the City is authorized to proceed in McLean County Circuit Court (or any other court of competent jurisdiction) to enjoin, abate, correct or prohibit continued further violations or threatened violations of this code or any ordinance of the City.
D. 
Prior to commencement of any action in circuit court which alleges a violation of the City Code or any ordinance of the City for which only a fine may be imposed, peace officers or code enforcement officers of the City may, in their discretion, provide the alleged violator with notice of such alleged violation and an opportunity to settle the alleged violation through payment of a fine through a representative of the City Clerk. Such notice shall be in writing in a format approved by the Chief of Police in consultation with the City Attorney. Such notice shall provide an opportunity for payment within a period of time set forth in such notice by the officer preparing the notice. The notice shall specify the amount of the offer of the settlement. Should an alleged offender fail to accept the offer of settlement within the period of time set forth in the written notice, such offer of settlement shall automatically expire. Upon expiration of an offer of settlement, any officer may without further notice to the alleged offender file a charging document which may contain the aforesaid notice in McLean County Circuit Court charging the alleged offender with one or more violations of the City Code or any ordinance of the City. The settlement procedure authorized by this section applies to ordinance violations and shall not be available for any charged violation of any state or federal statute.