Robert Augustine 0

Repeal Illegal Entry in Nelson County, KY

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This is a petition for residents of Nelson County, KY urging the Nelson County Fiscal Court to repeal or remedy an ordinance granting illegal entry to county officials.

Whereas the Constitution of the United States through the Bill of Rights, Amendment 4 states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

And whereas current Nelson County Planning and Zoning ordinance,  Article 14.1.A states:
"Upon presentation of appropriate means of identification, the Administrative Official or Code Enforcement Officer or their respective deputies or designated representative, may enter during reasonable house [sic] any premises covered by these regulations to perform the duties imposed upon him by these regulations. "

It is obvious that the ordinance is in direct conflict with Constitutional guarantees against government search and seizure.

We petition the Nelson County Fiscal body to remedy the ordinance is one of two of the following manners:
(1) Strip the ordinance in its entirety. Or
(2) Remedy the ordinance to be upheld in a constitutionally sound manner (example follows):

Upon presentation of appropriate means of identification, the Administrative Official or Code Enforcement Officer or their respective deputies or designated representative,while being assisted with a county law enforcement officer, may enter during reasonable hours any premises covered by these regulations to perform the duties imposed upon him by these regulations. The law enforcement officer will supply a written bench warrant signed by a Judge of the Commonwealth of Kentucky.  The warrant will state the probable cause and state specifically the intent of the entry. 


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