CHAPTER 38: CIVIL INFRACTIONS
Section
   38.01   Civil offense
   38.02   Classification of civil offenses
   38.03   Notice of civil offense and civil fine; procedures
   38.04   Answer to notice of civil offense
   38.05   Hearings
   38.06   Correction of violation
   38.07   Default
   38.08   Request to set aside default and delinquency charges
   38.09   Administrative review
   38.10   Civil proceedings
   38.11   Administrative regulations
   38.12   Freedom from improper influence
   38.13   Ex parte communications prohibited
   38.14   Savings
 
   38.99   Civil fines
§ 38.01 CIVIL OFFENSE.
   A civil offense means an offense against the City of Bowling Green set forth in the Bowling Green Codified Ordinances made subject to a civil fine by this chapter. Charging a person with a civil offense is an alternative to criminal prosecution. A person may not be charged with a civil offense if that person has been charged with a misdemeanor for the same offense. A person charged with a civil offense may not be arrested for the commission of the offense.
(1980 Code, § 38.01) (Ord. 7423, passed 11-7-2005)
§ 38.02 CLASSIFICATION OF CIVIL OFFENSES.
   (A)   Class A Civil Offenses. A person who violates a standard of conduct set forth in a section or chapter of the Bowling Green Codified Ordinances listed below is liable for the civil fine specified in § 38.99 for a Class A Civil Offense. If a person has previously been found to have violated the same provision of the Bowling Green Codified Ordinances within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in § 38.99 for the first violation of a Class B Civil Offense.
   70.15   Obeying traffic-control devices
   72.36   Jaywalking
   75.10   Riding on sidewalk area
   76.16   Parking upon sidewalks, street lawns, curbs, and off-street parking
   90.03   Barking dogs
   90.02   Failure to confine animals
   90.04   Defecation of dogs on public/private property
   90.14   Wild or dangerous animals prohibited
   90.18   Outdoor feeding prohibited
   94.04   Type and number of containers; placement at curbside
   94.21   Litter in public places
   96.04   Open container
   98.24   Encumbering street or sidewalk
   99.20   Noxious weeds
   115.01   Advertising on private property
   115.02   Advertising on public property
   115.03   Defacing or destroying notifications
   Civil fines for subsequent offenses are Class B.
   (B)   Class B Civil Offenses. A person who violates a standard of conduct set forth in a section or chapter of the Bowling Green Codified Ordinances listed below is liable for the civil fine specified in § 38.99 for a Class B Civil Offense. If the provision is listed below, the otherwise applicable civil fine is reduced by 75% if the person charged shows in accordance with § 38.04 that the violation has been corrected. If a person has previously been found to have violated the same provision of the code within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in § 38.99 for the offense provided below, which fine is not subject to reduction for correction of the violation.
   70.40   Inoperable vehicles
   70.41   Storage of recreational vehicles at residences
   93.05   Fires in City of Bowling Green
   93.52   Open burning
   94.22   Placement of litter in receptacles
   94.24   Merchant’s duty to keep sidewalks free of litter
   94.25   Truckloads causing litter
   94.26   Litter on occupied private property
   94.27   Owner to maintain premises free of litter
   94.28   Litter or noxious weeds; notice to remove; failure to comply
   94.29   Litter on vacant lots
   98.06   Snow and ice removal
   98.21   Protection of streets and sidewalks
   98.22   Dropping or tracking substances on streets and sidewalks
   98.27   Vehicles blocking streets or sidewalks
   98.29   Awnings and canopies above public sidewalks
   119.02   Going out of business sale license
   132.04   Disorderly conduct
   132.13   Noise control
   132.16   Loud sound
   132.18   Nuisance party
   139.05   Littering in public ways
   139.06   Transportation of junk on public ways
   139.10   Indoor Clean Air Act
   Ch.158   Violation of any section of the Historic and Architectural Preservation Code
   Civil fines for subsequent offenses are Class C.
   (C)   Class C Civil Offenses. A person who violates a standard of conduct set forth in a section or chapter of the Bowling Green Codified Ordinances listed below is liable for the civil fine specified in § 38.99 for a Class C Civil Offense. If the provision is listed below, the otherwise applicable civil fine is reduced by 75% if the person charged shows in accordance with § 38.04 that the violation has been corrected. If a person has previously been found to have violated the same provision of the Bowling Green Codified Ordinances within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in § 38.99 for the offense provided below, which fine is not subject to reduction for correction of the violation.
   99.08   Trimming trees on public property
   99.11   Trimming trees on private property
   99.13   Planting trees on public property
   100.01   Dense smoke prohibited
   100.04   Water-supply emergencies
   113.02   Peddler license required
   114.02   Taxicab owner’s license required
   139.04   Abandoned refrigerators
   139.07   Maintaining a nuisance
   152.20   Nuisance conditions prohibited
   Civil fines for subsequent offenses are Class D.
   (D)   Class D Civil Offenses. A person who violates a standard of conduct set forth in a section or chapter of the Bowling Green Codified Ordinances listed below is liable for the civil fine specified in § 38.99 for a Class D Civil Offense. If the provision is listed below, the otherwise applicable civil fine is reduced by 75% if the person charged shows in accordance with § 38.04 that the violation has been corrected. If a person has previously been found to have violated the same provision of the Bowling Green Codified Ordinances within one year that person may be charged as a second offender and on being found to have committed a second or subsequent offense is liable for the civil fine specified in § 38.99 for the offense provided below, which fine is not subject to reduction for correction of the violation.
   93.01   Violation of any section of the Fire Code
   Chapter 150   Violation of any section of the Zoning Code
   Chapter 152   Violation of any section of the Building Code except § 152.20
   Chapter 154   Health regulations
(1980 Code, § 38.02) (Ord. 7423, passed 11-7-2005; Am. Ord. 7583, passed 8-7-2006; Am. Ord. 7604, passed 9-18-2006; Am. Ord. 7710, passed 11-5-2007; Am. Ord. 7944, passed 12-7-2009; Am. Ord. 7971, passed 2-16-2010; Am. Ord. 8040, passed 9-20-2010; Am. Ord. 8368, passed 9-15-2014; Am. Ord. 8878, passed 3-15-2021; Am. Ord. 9196, passed 6-17-2024)
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