(A) It shall be unlawful for the owner, driver, or other person in charge of a vehicle hauling excavated material, coal, coke, construction or building materials, or other materials through the streets, to permit any part of such materials to fall or drop or be blown therefrom on a city street. When a vehicle carries trash, sawdust, ashes, cinders, sand, earth, lime, manure, or any other substance liable to be blown away, the owner, driver, or other person in charge thereof shall, before driving or operating it on the streets, cause such substance or substances to be completely covered with canvas duck or other substantial covering in such a manner that the same cannot fall or be blown from the vehicle.
(B) It shall be unlawful for the owner, driver, or other person in charge of a vehicle to drop, scatter, or lose mud, dirt, or debris even though same may come from the tires, wheels, or between the tires or wheels of the vehicle. When the operator of a vehicle is required to drive off of the paved street or highway to load or unload, a suitable temporary driveway or roadway shall be provided, when necessary, to prevent the accumulation of mud, dirt, or debris on tires, wheels, or between the tires or wheels of a vehicle, or same shall be cleaned before driving onto the paved street or highway. When, in the opinion of the Building Inspector, it is not practical to provide temporary roadways, the general contractor or holder of the building permit will be responsible for the cleaning of the streets affected immediately upon completion of the activity causing the dirt on the streets, or at the end of each day. If in the opinion of the Building Inspector there is a hazard to the welfare or safety of the public, the dirt shall be cleaned up immediately and continuously by the general contractor or holder of the building permit as it is carried onto the street by the truck.
(C) Any violation of §§ 91.36(A) or (B) is hereby classified as a civil offense pursuant to KRS 65.8808 and subchapter § 35.60 et seq., and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with the Code Sections §§ 91.36(A) and (B), and nothing contained herein, or in subchapter § 35.60 et seq., shall prohibit the enforcement of §§ 91.36(A) and (B) by any other means authorized by law, specifically, without limitation, the provisions of § 91.99.
(1) If a citation for a violation of § 91.36(A) or (B) is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be fifty-five dollars ($55.00) for the first offense, ninety-five dollars ($95.00) for the second offense, and two hundred fifteen dollars ($215.00) for the third, and thereafter, offense.
(2) If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from twenty dollars ($20.00) to two hundred dollars ($200.00) for the first offense; from sixty dollars ($60.00) to six hundred dollars ($600.00) for the second offense; and from one hundred eighty dollars ($180.00) to one thousand eight hundred dollars ($1,800.00) for the third, and thereafter, offense.
(3) Each section of subchapter § 35.60 et seq. violated shall be considered a separate fineable offense. If two (2) or more sections of the subchapter § 35.60 et seq. are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation.
(Ord. 11-71, passed 8-21-71; Am. Ord. 8-99 passed 4-1-99) Penalty, see § 91.99