- Ordinance would fine businesses whose customer lines spill onto public roads, with penalties up to $5,000 for repeat violations
- Enforcement handled through code enforcement, with police addressing immediate safety issues and potentially citing drivers
- Schools and churches largely exempt, though drivers can still be cited if traffic blocks roadways
The City of Florence took its first steps toward passing an ordinance that would curb car queuing caused by high-turnover businesses spilling onto public right-of-ways.
On Tuesday, April 28, the Florence City Council held the first reading of an ordinance addressing motor vehicle queuing, which is most common at high-traffic businesses such as drive-thru coffee chains, fast-food restaurants and industrial delivery operations. Florence, the second most populous city in Northern Kentucky, has a high concentration of high-turnover businesses because of its location off Interstate 75 and its suburban layout.
City officials believe that elongated car queues create obstructions on public rights-of-way, posing public safety hazards not only to drivers but also to emergency response vehicles.
The topic was first introduced during a council meeting on April 22 by City Administrator Josh Hunt, with initial discussions centered around the general proposal. If approved, the ordinance would make it a civil violation for any vehicle to queue in the public right-of-way, requiring operators of commercial, industrial and non-residential businesses to manage their operations so that traffic remains on their property.
This week, the discussion focused on enforcement mechanisms, primarily the citation responsibilities of the Florence Police Department and the Code Enforcement Department.
The ordinance’s enforcement mechanism will be administered by Florence’s code enforcement board. The penalty for an infraction is a $1,000 fine on the first offense, a $2,500 fine for the second offense within a 12-month period, and a $5,000 fine for each subsequent offense within a 12-month period, which is the same schedule as all standard code enforcement violations within the city.
Regarding code enforcement proceedings, Hunt said that code enforcement officers would be required to photograph the violation, then mail an official letter to the business informing them of the infraction. If there is an immediate safety issue, code enforcement officers would be tasked with contacting a police officer, who would arrive at the scene and shut down the curb cut.
“It would follow the same code enforcement procedures in terms of a certified letter going out and going through that whole process,” Hunt said. “Ultimately, it is my hope that this forces the conversation, get quick action done for permanent fixes for these businesses that are impeding the public roadway.”
Hunt clarified that the ordinance does not prevent the Florence police from citing individual drivers under Kentucky law. In specific instances, both the driver and the business can be cited, depending on the situation.
“There’s nothing about the ordinance that negates an officer’s ability to cite somebody on the road,” Hunt explained. “And if you’re responding to an issue that will ultimately be the officer’s call, they’re going to cite the driver or cite the business.”
Hunt said that schools are generally exempt from the ordinance due to legal protections. The Boone County Zoning Code states that schools are governed by the county’s ‘Public Facilities District’ zoning designation.
Florence Police Chief Jeff Mallery clarified that if a situation arises where traffic backs up from a school and blocks public roadways, law enforcement can still cite individual drivers at their discretion.
“We wouldn’t cite the school,” he said. “We would cite a driver under [state law].”
Hunt further clarified that churches are also exempt from enforcement because they often employ police details to manage traffic. They would not be affected by the ordinance if they have approved traffic control plans in place. Generally, Hunt noted, churches submit city-approved applications for special events that may lead to increased traffic.
“The biggest part of this ordinance is it gives our officers the ability to immediately address a safety issue,” Hunt said.
A second reading is expected to take place at a future meeting.
