(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Littering. The offense of littering as defined by KRS 512.070.
(3) Board. The environmental hearing board created pursuant to section 16-76 of the Code.
(b) Civil enforcement of littering violations. Pursuant to KRS 512.070(4), the urban county council hereby classifies the offense of littering proscribed by KRS 512.070 as a civil offense enforceable in accordance with KRS 65.8808 and the provisions of this section of the Code. Such civil enforcement is in addition to other remedies that may be available at law, including criminal prosecution under KRS 512.070.
(c) Code enforcement board. The environmental hearing board or its assigned hearing officer shall have the authority to determine whether there has been a littering violation.
(d) Enforcement. Proceedings before the environmental hearing board or its assigned hearing officer to determine whether there has been a littering violation shall be initiated by the issuance of a civil citation by a citation officer. The civil enforcement process and the issuance of citations, administrative hearings, and appeals shall be as provided in Chapter 2B of the Code of Ordinances. The issuance of a citation must be based upon the citation officer having reasonable cause to believe that a person committed a littering violation based upon personal observation or investigation, and the officer may, in his or her discretion, issue a warning or notice of violation in lieu of a citation if the person immediately remedies the violation.
(e) Civil penalty. A person found to have committed a littering violation proscribed by KRS 512.070(1) and enforced pursuant to KRS 512.070(4) and this section shall be subject to the following civil fines:
First Violation | $100.00 |
Second Violation | 250.00 |
Third or Subsequent Violation | 500.00 |
(1) Time period for subsequent violations. If a person commits a second, third, or subsequent littering violation within a twenty-four-month period, he or she shall pay the appropriate civil fine stated herein. A violation occurring more than twenty-four (24) months after a previous violation shall be treated as a first violation for the purpose of determining the appropriate civil fine.
(2) Designated uses. Civil fines collected pursuant to this section shall be designated for those divisions or agencies charged with enforcement of the littering ordinance.
(f) Costs of enforcement; liens; personal liability. The urban county government shall be entitled to all civil fines imposed and all charges and fees incurred by the local government in enforcing this section. The urban county government shall be entitled to enforce this section against persons found to have committed a violation of this section by resort to all remedies described in section 2B-9 of the Code, including a lien on property owned by the person and/or a civil action against the person responsible for the violation for all civil fines, fees, charges, and costs of enforcement. All amounts collected by the urban county government in the enforcement of this section shall be designated as provided in subsection (e)(2).