A Guide to Lexington’s Good Neighbor Ordinances

Introduction We all have different expectations of our neighbors. For some of us, a good neighbor is one who takes time for chats across the fence, or who helps with the chores when a neighbor is ill. For others, a good neighbor is one who leaves us alone. Although we don’t agree on all of the fine points of neighborliness, we do tend to agree on certain basic standards that allow residents to enjoy their homes and property, preserve peace and quiet in our neighborhoods, help maintain property values and prevent disputes among neighbors. The people of Lexington have enacted these standards into law. Some of the “good neighbor ordinances” are described below, with references to relevant sections of the Code of Ordinances [in brackets]. Remember, when you follow these simple rules, you are not only obeying the law, you’re being a good neighbor!

Garbage, Trash & Recycling

Appliances: Large appliances will be picked up for recycling only when you arrange a special pick-up by calling the Division of Solid Waste at 258-3470.

Garbage & Trash: The Herbie garbage and trash containers may be filled to capacity as long as the lid can be closed and latched and as long as the weight does not exceed 200 pounds. No engine blocks or other excessively heavy items and no paints, solvents, flammables, or liquids of any kind may be placed in the Herbie [Section 16-8].

Construction materials such as bricks, concrete, drywall, and roofing materials, cannot be put in the Herbie or left out as special pick-up. Instead, these items should be taken to the LFUCG Construction Demolition landfill on Hedger Lane, off Haley Pike. The phone number for the construction landfill is 299-5715.

For garbage collection, all items must be prepared so they can be readily handled by one Solid Waste worker. Bulky items, such as cardboard containers or similar refuse, must be tied in bundles or packed in containers no larger than three feet by four feet. Brush must be cut in lengths no longer than four feet and tied into bundles [Section 16-9].

Herbies should be rolled to the curb no earlier than 7 p.m. on the evening before scheduled collection and no later than 5 a.m. on collection days. They must be removed from the curb by 7 p.m. on collection days [Section 16-10].

Residents may be required to replace any Herbie that is stolen or vandalized because it was not reasonably secured [Section 16-8]. Herbies are fairly attractive for garbage containers, but they are still garbage containers. To avoid offense to your neighbors, keep the lid shut and wash out your Herbie when needed. Herbies are emptied once a week.

Leaf Collection: Many areas of Lexington, inside New Circle Road, with large, mature trees between the curb and the sidewalk are provided with leaf collection services. Signs are posted and parking is restricted on the affected streets while leaf collection is in progress, usually from late October to mid-December. Citizens who receive this service are supposed to rake their leaves to the curb, between the sidewalk and the street, for collection. Leaves should NEVER be placed on the street or be allowed to accumulate in gutters or storm drains. For additional information about Urban County Government leaf collection, please call the Division of Property Management at 258-3930.

Recycling: Residents served by Urban County Government garbage collection are encouraged to participate in the Rosie recycling program as well. The Rosie roll cart looks like a smaller, blue version of the Herbie container. The Rosie is divided into separate compartments that are used for the different materials that can be recycled. Specific instructions and collection schedules are provided to residents when the Rosie is delivered and there is no additional charge for this service. If you need a copy of the recycling guide that explains how to separate recyclables for the Rosie recycler, call 258-3470. Recycling collection is provided once a week. Rosies should be rolled to the curb no earlier than 7 p.m. the evening before the scheduled collection day and no later than 5 a.m. on collection day. They must be removed from the curb by 7 p.m. on collection day [Section 16-10]. To learn how you can participate in the Rosie recycling program, call the Division of Solid Waste at 258-3470.

Christmas Tree Recycling: The Urban County Government collects and recycles Christmas trees throughout Fayette County. Specific dates vary from year to year and are announced in the news media and on Government Television Channel 3 during the holidays. Trees must be stripped of stands, lights, tinsel, and ornaments and left on the curb the evening before the scheduled pickup days. The trees are eventually ground into mulch, which is made available to citizens, FREE of charge, while supplies last. For additional information on this service, please call 258-3450.

Nuisances

Nuisances are defined as:

weeds or grass taller than 12 inches;
trash, garbage, building debris, discarded or unused objects or similar materials stored or kept on property;
any wrecked, junked, partially dismantled or otherwise non-operating motor vehicle, or any motor vehicle not properly licensed if it has remained on the property longer than 10 days and is readily visible from surrounding property; The Urban County Government has a junk car program that allows you to dispose of junk vehicles and help save lives. Vehicles are towed off your property FREE of charge. If you will donate them to the SAVE-A-LIFE program, which provides FREE smoke detectors to elderly, handicapped, and low-income Fayette County residents. The charitable donation might be tax deductible for you. For details, please call 258-3270.
any basement or cellar that is not kept dry and well aired and free from standing water, noxious vapors and smells;
water which is directed or discharged across a public street or sidewalk and which forms ice on the street or sidewalk; and
furniture that is upholstered or not designed for outdoor use, that is used or stored in an uncovered or exposed area.

Violators of the nuisance ordinances are subject to citation and fines of $10 to $500 per day.

If nuisance violations are not corrected within the time limit given in the notice, the Urban County Government may correct the nuisances and recover the costs of doing so by placing a lien against the property [Section 12-7].
Any property owner who violates these provisions and has been issued two or more notices within a 12-month period may be assessed penalties of $100 to $1,000.
Property owners who have received a notice for nuisance violations or have been assessed a civil penalty have the right to request a hearing with the administrative hearing board, within ten days of receiving the notice, if they would like to try to appeal the notice or penalty.

The Division of Code Enforcement handles nuisance abatement for Lexington-Fayette County. Their number is (859) 425-2255

Noise:

The Urban County Government’s noise ordinance prohibits any sound that annoys or disturbs a reasonable person of normal sensitivities [Section 14-70 to 14-80].

Noise disturbances on or across a public right-of-way or public place are prohibited at all times and specific noise disturbances are prohibited if they cross the boundaries of your residence, such as:

power tools, including lawn mowers, between 11 p.m. and 7 a.m. any day and before 9 a.m. on Saturday and Sunday;
loudspeakers, public address systems, powered model vehicles, miscellaneous noises (loading or handling boxes, crates, building materials, etc.) between 11 p.m. and 7 a.m.;
music by radio, television, musical instrument or similar device at any time if it creates a noise disturbance;
repairing, testing or operating a motor vehicle, motorcycle, motorbike, or motorboat, anytime; and
barking dogs, anytime.

It is also unlawful to play a motor vehicle stereo or similar device so loudly that it creates a continuous noise disturbance 50 feet away, on a public right-of-way or public space.

Noise disturbances should be reported to the Division of Police at 258-3600.

Parking

Blocking Driveways: Parking in front of a public or private driveway is prohibited [Section 18-119]. Violations of this ordinance are handled by the Division of Police, 258-3600.

Large Vehicles: Large vehicles may not be parked on residential streets for longer than two hours except when loading or unloading [Section 18-129]. A large vehicle is defined as one exceeding seven feet in width, 20 feet in length or seven and one-half feet in height.

One exception is a recreational vehicle, which may be parked for 24 hours on a residential street while the heating and cooling system is being prepared for use. Out-of-country visitors may also park recreational vehicles for 24 hours on a residential street if they obtain a visitor’s permit from the Division of Police [Section 18-129].

No commercial vehicle may be kept overnight on a residential lot unless it weighs less than 2.5 tons and provides daily transportation to and from work [Zoning Ordinance, Article 1].

Parking on Sidewalks or in Yards: It is unlawful to park any vehicle on the sidewalk, utility strip or other area designated for pedestrian use. It is also unlawful to park in the front or side yard of a corner lot except on an approved residential driveway [Section 18-129].

Twenty-four Hour Parking: Vehicles may not be parked at the curb of any street for more than 24 hours. The Division of Police will issue a 24-hour warning notice and the vehicle may be impounded if it is not moved within 24 hours after the notice is issued [Section 18-122].

Pets

Barking Dogs: It is unlawful to have a dog whose barking or yelping creates a noise disturbance across the boundaries of your residence. Violators may be charged under the noise ordinance [Section 14-72] and fined $25 to $500. Violations of this ordinance are handled by the Division of Police, 258-3600.

Dog Litter: Owners should not allow dogs to deposit droppings in public places or on the property of others [Section 4-23]. When you walk your dog, make sure you take something with you to clean up after it. Make sure to clean up your dog’s droppings in your own yard too, so they don’t accumulate and create a health hazard [Sections 4-12 and 11-6]. Be sure to put the droppings in a bag or other container before placing them in the Herbie [Section 16-14] and never dispose of dog litter in a creek or storm sewer.

Leash Law: Dogs must be confined behind a fence or otherwise securely restrained while on the owner’s property. A dog may be kept unleashed and unconfined on the owner’s property only if the owner is present with the animal and the dog is under the owner’s direct control and supervision. Violators of this Ordinance [Section 4-19] can be fined $10 to $50 for each offense. Section 4-21 of the Code of Ordinances authorizes animal control officers to impound dogs running at large. Dogs may run off the leash only in certain marked areas of parks. It’s always a good idea to leash or otherwise restrain dogs when maintenance or utility workers are expected on your property.

Vaccinations and Licenses: State law requires that all dogs be licensed and vaccinated for rabies. Lexington’s Code of Ordinances also requires that cats be licensed [Section 4-12] and the regulations of the Fayette County Health Department require cats to be vaccinated for rabies. In Lexington-Fayette County, dog and cat licenses cost $5 and are available from the Lexington Human Society or from participating local veterinarians.

Vicious Dogs: It is unlawful [Section 4-14] to keep a vicious dog unless it is securely confined indoors or in a locked outdoor pen suitable to prevent the entry of young children. The pen must have minimum dimensions of 5×10 feet and have secure sides and a secure top. If the floor is not concrete or asphalt, the sides must be imbedded in the ground at least two feet. The pen must also provide protection to the dog from the elements.

A vicious dog must wear a vicious dog collar issued by the Lexington Humane Society at all times. It is unlawful for anyone to remove this collar and a vicious dog may only leave the owner’s property if it is muzzled and on a secure leash. Children under the age of 18 are not permitted to handle, walk, or own vicious dogs. A notice must be posted on the property where a vicious dog is kept, warning the public about the dog.

Vicious dogs are defined to include:

any dog with a propensity, tendency, or disposition to attack, cause injury to, or otherwise endanger the safety of people or domestic animals;
any dog that chases or approaches a person upon the sidewalks, streets or other public places in a menacing fashion, or with an apparent attitude of attack;
any dog trained or kept for fighting purposes; and (4) any dog that attacks a person or domestic animal without provocation.

Violators of the vicious dog ordinance can be fined $200 to $500 and, if the dog actually inflicts serious injury on a person or domestic animal, the dog may be destroyed [Section 4-14].

Violations should be reported to the Animal Control Officer at Lexington-Fayette Animal Care & Control

Phone: (859) 255-9033

Property Tips

Street Trees: A street tree is a tree that is planted within a public right-of-way, such as the strip between the sidewalk and the curb. A permit must be obtained from the Urban County Government’s Division of Parks and Recreation at 288-2900 before a street tree may be planted and before any street tree larger than three inches in diameter may be removed [Section 17B-2 & 17B-3]. The property owner or occupant is responsible for maintaining street trees and may not allow them to interfere with the sidewalk or obstruct the view or passage on the sidewalk or street [Section 17B-8]. There should be a 14-foot clearance under trees hanging over a street and sidewalks require a 7-foot clearance.
Street trees that are removed by the property owner because of damage or disease must be replaced and fallen trees must be removed by the property owner. The Division of Street & Roads at 258-3450 may remove fallen trees only for emergency public access.

Yard Sales: A permit is not required to have a yard sale, but residents may have no more than two yard sales per year, each lasting no more than three consecutive days. Only one yard sale sign may be posted in the yard, and it must be removed immediately after the sale. No signs are allowed on the public right-of-way. For additional information about yard sales in Lexington-Fayette County, please call the Division of Building Inspection at (859) 258-3160.

Sidewalks & Safety

A sidewalk is a public right-of-way, but the owner or occupant of the adjoining property is responsible for maintaining it.

Road or Sidewalk Obstruction: It is unlawful to allow any tree, bush, other vegetation, and items like basketball goals to obstruct the view of a street or passage on a sidewalk [Section 16-30]. In addition to this law, please follow the neighborly policy of not leaving objects on the sidewalk, and always direct lawn sprinkler spray away from the sidewalk. Property owners should also make sure trees are trimmed at least 14 feet above the street so street sweepers can get close enough to the curb to clean streets properly.

Sidewalk repairs: The owner of real estate adjoining any sidewalk is responsible for replacing defective sections of the sidewalk using material similar to that used in the existing construction. If the owner cannot be found, the caretaker or occupant is responsible for sidewalk repairs [Section 17-147]. It is important that manholes not be covered when sidewalk repairs are made because access to the manholes is necessary for maintenance and repair work. The sidewalk inspection program is complaint responsive, meaning an inspection is done when a citizen files a complaint with the Division of Code Enforcement. The LFUCG has a sidewalk replacement grant program that provides financial assistance to residential property owners. Information about this program is available by calling the Division of Code Enforcement at 258-3270.

Snow & Ice Removal: When it snows, the owner or occupant (or caretaker) of a property with sidewalks is responsible for clearing them [Section 17-31]. All snow should be removed within four hours after daylight and after the snow has stopped falling. Ice must be removed or covered with sand, salt, or another suitable substance. Violators of this ordinance are subject to fines of $5 to $100 per day.