(A) Any person who shall violate any provision of this chapter except as otherwise provided shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500 or confined or imprisoned for not more than 180 days or both. Each day an activity prohibited by this chapter shall continue shall constitute a separate offense.
(B) Any person who shall violate the provisions of § 51.003 of this chapter shall, upon conviction thereof, be fined and/or imprisoned as provided in the appropriate Kentucky Revised Statutes of the Commonwealth of Kentucky.
(C) Any person who continues any violation of any provision of this chapter as provided in § 51.147, shall be guilty of a misdemeanor and shall be fined not less than $200 nor more than $500 for each violation. Each day in which the violation continues shall be deemed a separate offense.
(D) The city shall recover from any person who shall violate any provision of this chapter and thereby cause or occasion the city to suffer any damage, expense or penalty, a sum equal to all of the damage, expense or penalty, plus its attorney’s fees, fees of professionals employed to determine the source of such violation or to testify and all other litigation expenses. Conviction of a violation of a provision of this chapter shall not bar or hinder the city in such recovery.
(Ord. 409-1986, passed 9-25-86)
(E) (1) Any permittee who violates any regulation, term or condition of its wastewater contribution permit or § 51.081(B), shall be liable to the city for civil penalties of one thousand dollars ($1,000.00) plus costs and actual damages incurred to or sustained by the city’s municipal sewer system per violation per day for as long as the violation continues.
(2) Any permittee who willfully or negligently violates any requirement, term or condition of its wastewater contribution permit or § 51.081(B) shall be subject to criminal prosecution, and upon conviction, shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00), confinement for not more than one (1) year, or both fine and confinement per violation per day. In the event of a second or subsequent conviction, the permittee shall be subject to felony prosecution punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation per day, confinement for not more than five (5) years, or both fine and confinement.
(3) Notwithstanding any other section of this chapter, any permittee who is found to have violated any regulation, term or condition of its wastewater contribution permit, § 51.081(B), or orders issued by the city germane to the said wastewater contribution permit or § 51.081(B) shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day on which noncompliance shall occur shall be deemed a separate and distinct violation.
(Ord. 570-1998, passed 1-5-98)