Fiscal Court proposes ordinance to regulate ‘unsolicited written materials’ being thrown on private property

November 22, 2024 | 12:15 am

Updated November 22, 2024 | 2:50 am

Daviess County Fiscal Court is considering a new ordinance to reduce “litter and visual blight” caused by “unsolicited written materials.” The ordinance was introduced during the November 21 meeting and would set rules for how items such as advertisements and newspapers can be distributed on private and public property.

The ordinance outlines specific guidelines for distributing unsolicited written materials. It mandates that materials be placed on porches, secured to front doors, placed through mail slots, or left in designated distribution boxes. The ordinance says failure to comply with these regulations would constitute a civil offense, subject to penalties ranging from $25 to $200 per violation.

Judge-Executive Charlie Castlen emphasized the ordinance’s intent to address long-standing concerns about litter.

“This is something that Senator (Gary) Boswell and I have had conversations about pretty much from day one of my being elected as Judge-Executive,” Castlen said. “It is something that goes way back to when I was a city commissioner. I was very concerned about it and wished we could address it. At that time, I was told we couldn’t touch it. Lexington-Fayette Urban County Government more recently passed something. It was challenged in court, and the court sided with the urban county government. Our verbiage, other than the names of the individuals or departments that will do the enforcing, is pretty much word for word what Lexington has on their books.”

Bowell, who represents Daviess, Hancock, and McLean counties as District 8 State Senator, praised Fiscal Court’s efforts.

“I just want to thank the court tonight for presenting this ordinance … You’re setting an example across the state as a community that’s trying to deal with issues relating to litter,” Boswell said. “In the last legislative session, I introduced Senate Bill 316, the ‘Keep Kentucky Free of Litter’ bill.” 

Boswell said SB 316 was moving through the process until he added cigarette butt language. He said he’s grateful to the county government for pursuing the initiative. 

“Nevertheless, what you’ve done here is a great effort toward resolving the problem we have in the state,” he said. “Judge, I want to thank you specifically, as well as all the commissioners, for your support.”

Boswell also suggested that future actions could address litter caused by roadside advertising signs, noting they were prevalent at many intersections across the county.

The ordinance excludes materials distributed by the United States Postal Service and ensures property owners retain the right to restrict access to their premises. It also aligns with the existing Daviess County Property Maintenance Code.

The court will vote on the ordinance during its December 5 meeting. If passed, the regulations will go into effect 60 days later.

November 22, 2024 | 12:15 am

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