(A) Whoever violates any provision of this chapter for which no other penalty is specifically provided shall upon conviction be fined not more than five hundred dollars ($500.00). Violation of any of the provisions of this chapter is designated to be a misdemeanor.
(B) (1) Civil Offense. Each separate violation of § 91.03 is hereby classified as a civil offense; and, pursuant to the authority of state law, the penalties to be imposed upon persons determined to have violated this section are hereby established as follows:
(a) The maximum civil fine that may be imposed for each separate violation is hereby established at five hundred dollars ($500) for a first violation, seven hundred and fifty dollars ($750) for a second occurrence of the same violation, and one thousand dollars ($1,000) for the third and each subsequent occurrence of the same violation plus the costs of collection, including, without limitation, court costs and attorney fees.
(b) The specific civil fine that shall be imposed for each separate violation in the event that a citation for that violation is not contested is hereby established at one hundred dollars ($100) for a first violation, two hundred and fifty dollars ($250) for a second occurrence of the same violation, and five hundred dollars ($500) for the third and each subsequent occurrence of the same violation, plus the costs of collection, including, without limitation, court costs and attorney fees.
(2) Criminal Offense. Each violation of § 91.03 shall be a misdemeanor for which everybody convicted thereof in a court of competent jurisdiction shall be sentenced to pay a criminal fine not to exceed the maximum amount of five hundred dollars ($500) as provided in KRS 534.050(2)(a) or a term of imprisonment not to exceed the maximum period of twelve (12) months as set forth in KRS 532.090(1), or both.
(C) (1) A violation of § 91.33 by the owners of property abutting upon sidewalks in the city occurs upon any non-compliance thereby with any provision of § 91.33 regarding their maintenance of abutting sidewalks more than forty-eight (48) hours after they have received a written notification from the city describing the violation and the remediation necessary therefor.
(2) Each and every separate non-continuing occurrence thereof and each and every day of any continuing occurrence thereof is a separate violation of § 91.33; provided, however, that no violation of § 91.33 shall subject anybody to any liability for damages for physical injury as a consequence thereof.
(3) Each separate violation of § 91.33 is hereby classified as a civil offense with the following possible penalties:
(a) The maximum civil fine required by KRS 65.8808(2)(b) that may be imposed for each separate violation of § 91.33 is hereby established as five hundred dollars ($500.00) plus collection costs and attorneys fee, if any; and
(b) The specific civil fine required by KRS 65.8808(2)(c), that will be imposed for each separate offense and violation of § 91.33 if the person who has committed the violation and offense does not contest a citation therefor is hereby established as one hundred dollars ($100.00) plus collection costs and attorneys fees, if any.
(D) Any person who violates any of the provisions of § 91.56 shall, upon conviction in a court of competent jurisdiction, be sentenced for each offense or violation to either the payment of a fine of no less than ten dollars ($10.00) and no more than five hundred dollars ($500.00) or imprisonment for no more than 90 days or any combination of the fine and imprisonment. Each day of violation shall be a separate offense. Violation of any of the provisions of § 91.56 is designated to be a misdemeanor.
(Ord. 1985-10, passed 7-11-85)
(E) Any person who violates any of the terms or provisions of §§ 91.60 through 91.64 shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined for each offense or violation no less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) or sentenced to imprisonment for no more than ninety (90) days according to law or any combination of such sentences of fines and imprisonment.
(F) Whoever violates any provision of § 91.65 shall be fined not less than twenty-five dollars ($25.00) for the first offense, and not less than fifty dollars ($50.00) for each subsequent offense, but not more than five hundred ($500.00) for each offense. Each day's continued violation shall constitute a separate offense.
(2) Civil offense.
1. In the specific amount of one hundred dollars ($100.00) plus collection costs and attorneys fees, if any; unless the civil citation is contested.
2. If the maximum amount of five hundred dollars ($500.00) plus collection costs and attorneys fees, if any; in the event that the civil citation is contested.
(H) Each day of a violation of § 91.35 constitutes a separate civil offense for which the penalties to be imposed are hereby established as follows:
(1) The specific civil fine that shall be imposed for each separate violation of § 91.35 in the event that a citation for that violation is not contested is hereby established at $100 for a first violation, $250 for a second occurrence of the same violation, and $500 for the third and each subsequent occurrence of the same violation, plus the costs of collection, including, without limitation, court costs and attorney fees.
(2) The maximum civil fine that may be imposed for each separate violation of § 91.35 is hereby established at $500 for a first violation, $750 for a second occurrence of the same violation, and $1,000 for the third and each subsequent occurrence of the same violation plus the costs of collection, including, without limitation, court costs and attorney fees.
(Ord. 1993-10, passed 12-13-93; Ord. 1998-07-08, passed 8-10-98; Ord. 2002-01-03, passed 3-25-02; Am. Ord. 2008-08-14, passed 9-29-08; Am. Ord. 2016-07-08, passed 9-19-16; Am. Ord. 2021-04-02, passed 4-19-21)