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Ex. MET-SDF-007 Order Primary source read

Ordinance No. 42-2020 (Council file 0494-20)

An Ordinance suspending the enforcement of certain Ordinances and providing the Mayor with the criteria and procedure to temporarily close public streets, to permit the temporary use of parking lots, sidewalks, parks, and closed public streets for outdoor dining and retail in order to better allow individuals and businesses to comply with the social distancing and other health and safety requirements and business reopening requirements issued by the Governor and to slow the spread of COVID-19 within Lexington-Fayette County; suspending applicable fees for certain permits; and setting requirements for interested retail businesses and restaurants

Lexington-Fayette Urban County Council · Lexington-Fayette Urban County Government, Kentucky (all of Fayette County) (City)

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The COVID Project

The record

Jurisdiction
Lexington-Fayette Urban County Government, Kentucky (all of Fayette County) · Louisville and Lexington · Kentucky
Level
City
Authority
KRS ch. 67A (urban county government); Lexington-Fayette Urban County Code of Ordinances secs. 17-29 to 17-29.5 (sidewalk cafe permits); Zoning Ordinance
Issued
2020-05-19 May 19, 2020
Effective
2020-05-19 (upon passage of Council) (read as 2020-05-19)
End
2020-06-10 12:00 a.m. (Section 11); amended and restated by Ordinance 54-2020 (June 18, 2020) (read as 2020-06-10)
In force
May 19, 2020 to June 10, 2020
Quarters
2020 Q2
Limitation types
Capacity limitOther
Addressees
  • retail businesses and restaurants as defined in the Governor's May 20 and May 22, 2020 reopening guidance
  • the Mayor (street closures)
Functions reached
  • DR dining room
  • BA bar
  • SF sales floor (retail)
  • OP operations
  • CB customer base
Collection
Louisville and Lexington MET-SDF

Operative words

WHEREAS, Mayor Linda Gorton declared, in Executive Order 2020-01, that a state of emergency exists in Lexington-Fayette County;... WHEREAS, Governor Beshear has issued requirements for restaurants in the Commonwealth to reopen on May 22, 2020, including, but not limited to, operating at 33% capacity indoors... Section 8... i) clearly define the walk zone for pedestrians on sidewalks... This walk zone must begin six (6) feet away from outdoor seating... to ensure compliance with social distancing requirements implemented by Governor Beshear; and j) otherwise comply with... Executive Orders and business opening requirements issued by Governor Beshear. Section 11 - That this Ordinance shall be effective upon passage of Council and shall be effective until 12:00 am on June 10, 2020.

Enforcement

LFUCG reserves the right to require removal of non-compliant facilities (Section 10); all facilities temporary and removable on expiration (Section 9)

Notes

Recites the Governor's 33 percent retail (May 20) and restaurant (May 22) capacity requirements and PPE requirements for employees; conditions every use of public space on the State's social-distancing and reopening requirements. First of five successive Lexington ordinances (54-2020, 80-2020, 103-2020, 18-2021) running to Oct. 31, 2021.

Retrieval note

Scanned enrolled copy; full text read from LFUCG Legistar Matter 13261 (MatterTextPlain) and from the text-searchable 'Final Ordinance' attachment (ceafba90-...pdf, not saved). Legistar records passage May 19, 2020 (second reading).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.