(A) Requirements. Everybody who has any ownership interest in any lot or parcel of real estate in the city that has a fire hydrant installed within either that real estate or any portion of any public right-of-way abutting thereon shall maintain all of the area within five (5) feet of that fire hydrant free from everything that is more than six (6) inches in height above the ground, except for:
(1) The facilities of public utilities or others who have a franchise from the city for the use of public ways thereof; and
(2) Anything else for which a written exception has been issued by the Chief of the Edgewood Fire Department, after a visual inspection of the fire hydrant and surrounding area and a determination that there won’t be any interference therefrom with use of the fire hydrant by the Edgewood Fire Department.
(B) Prohibitions. Nobody other than officers, employees and agents of the city and the Northern Kentucky Water District shall cause, permit, promote, suffer, allow, aid, assist, encourage or engage in:
(1) Any location, installation, construction, implantation or maintenance of anything that is within five (5) feet of any fire hydrant in the city and more than six (6) inches in height above the ground except for anything for which a written exception has been issued by the Chief of the Edgewood Fire Department, after a visual inspection of the fire hydrant and surrounding area and a determination that there won’t be any interference therefrom with use of the fire hydrant by the Edgewood Fire Department.
(2) Any change, revision or modification of any fire hydrant or any part thereof, including, without limitation, reflective tape, paint and other surface coatings.
(C) Enforcement. The provisions of this section may be enforced through either or both criminal prosecutions and civil prosecutions pursuant to the provisions of the Local Government Code Enforcement Board Act at KRS 65.8801 through 65.8839.
(D) Violations. A violation of this section occurs upon any non- compliance with any provision of this section, by either act or omission; and each and every separate non-continuing occurrence thereof, and each and every day of any continuing occurrence thereof is a separate violation of this section.
(E) Criminal offense. Each separate violation of this section is hereby classified as a criminal offense and designated as a violation, for which there is hereby imposed a criminal fine, not to exceed the maximum of two hundred-fifty dollars ($250), as provided in KRS 534.040(2).
(F) Civil offense. Each separate violation of this section is hereby classified as a civil offense, for which:
(1) Pursuant to KRS 65.8808(2)(b), the maximum civil fine that may be imposed for each separate violation of this section is hereby established as five hundred dollars ($500) plus collection costs and attorneys’ fees, if any; and
(2) Pursuant to KRS 65.8808(2)(c), the specific civil fine that will be imposed for each separate offense and violation of this section is hereby established as one hundred dollars ($100) plus collection costs and attorneys’ fees, if any; unless the citation therefor is contested.
(3) An enforcement officer may, in lieu of immediately issuing a civil citation therefor, give notice that the violation of this section shall be remedied within a specific period of time.
(Ord. 2005-02-02, passed 4-4-05)