Loading...
(A) It shall be unlawful for any person to trespass over, along, on, or through any real estate which the Louisville/Jefferson County Metro Government has acquired or may hereafter acquire as a right-of-way and easement for flood protection purposes and on which there has been constructed or may hereafter be constructed a floodwall or levee, or appurtenance thereto, except for where a path has been constructed for a Greenway Trail. Under no circumstances are there to be any unauthorized motor vehicles on any portion of the real estate regardless of whether a path has been constructed. The right of ingress and egress over, on, and through any such easement is confined to the privilege of using any established gate or opening in the floodwall or levee and other crossing officially provided for crossing, for the sole purpose of access to and from the outside of or riverward side thereof.
(B) The privilege herein given may be had and enjoyed subject to the following express reservations and restrictions:
(1) The Louisville/Jefferson County Metro Government reserves the right, without notice, to cancel and annul or to suspend such privilege whenever in its discretion the public interest may so require.
(2) The privilege shall always be subject and subservient to the public use and enjoyment of the flood protection system and of all the parts hereof and subject and subservient to maintenance, operation, control, and use of the rights- of-way, easements, floodwall, levee, gates, and openings, in the public interest, and for the uses and purposes for which these are intended.
(3) The privilege shall be limited to the use thereof for access to and from property lying outside of and riverward from the floodwall or levee, and shall not be used as a means of trespass on the rights-of-way, easements, floodwall, levee, gates, or openings or on the lands or property of others.
(1999 Lou. Code, § 152.02) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 81-2024, approved 6-11-2024) Penalty, see § 157.99
(A) Buildings prohibited. It shall be unlawful for any person to place or construct any building, house, shed, pen, or other structure, paving, or construction of any kind or character, whether it is of combustible or noncombustible material, on the land or rights-of-way or easements acquired by the Louisville/Jefferson County Metro Government for floodwall purposes, or at any place on the floodwall, levees, gates, or openings, unless this right was specifically reserved by the grantor in the document transferring the land by deed or easement to the Louisville/Jefferson County Metro Government.
(B) Fences and obstructions. It shall be unlawful for any person to place or construct any fences, enclosures, walkways, or other obstructions, or to place or dump rubbish, waste material, or other matter on the land or rights-of-way acquired by deed or easement by the Louisville/Jefferson County Metro Government for floodwalls, or on, over, or against the floodwalls or levees or appurtenant works.
(C) Burning of trash. It shall be unlawful for any person to burn rubbish, trash, or any other material or to kindle any fires of any kind on the land or rights-of-way acquired by the Louisville/Jefferson County Metro Government for floodwall purposes, or to burn or cause to burn any grass or other growth thereon.
(D) Stock and other animals. It shall be unlawful for any person to tether, hitch, lead on or over, or permit to run at large any horses, mules, goats, sheep, chickens, ducks, geese, or other animals or fowl on the lands or rights-of-way acquired by the Louisville/Jefferson County Metro Government floodwall purposes, or at any place on the floodwall, levees, gates, or openings.
(1999 Lou. Code, § 152.03) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005) Penalty, see § 157.99
On written application to MSD, any person may request permission to place or construct structures or to perform other activities on the lands or rights-of-way acquired by the Louisville/Jefferson County Metro Government for flood protection. MSD shall thereupon determine whether the proposed structures or performances of other activities will endanger the safety or efficiency of the flood protection works or will impede or obstruct the inspection or maintenance of them. In the event MSD approves the application it shall then submit the approved application to the District Engineer of the United States Corps of Engineers in charge of the locality for approval. On receipt of written approval by the District Engineer, MSD may issue written permission to the applicant to place or construct the structures or perform other activities, subject to the condition, in the manner, and at the locations therein stated. These terms and conditions shall provide among other things that permission may be withdrawn at any time subsequent to the granting thereto either with or without cause and shall further provide that the applicant will, on being notified to do so, remove such structures or cease to perform such activities, forthwith, and on the further condition that the person so authorized shall be responsible for and will promptly pay to the Louisville/Jefferson County Metro Government all damages which may have been occasioned to the lands, rights-of-way, floodwalls, levees, gates, or any parts thereof by virtue of the exercise of the permission.
(1999 Lou. Code, § 152.04) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 157-2017, approved 8-25-2017)
The most recently adopted Floodplain Management Plan for Louisville and Jefferson County shall be applicable for all purposes relating to this chapter.
(1999 Lou. Code, § 152.05) (Lou. Ord. No. 90-1996, approved 6-4-1996; Lou. Am. Ord. 0015-2001, approved 2-16-2001; Lou. Am. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 157-2017, approved 8-25-2017)
If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005)
Any person who violates any of the provisions of §§ 157.20 through 157.24 shall be fined not less than $10 nor more than $250 and may be further sentenced to jail for a period not exceeding 90 days for each offense, and shall be liable to the Louisville/Jefferson County Metro Government in a civil action for damages. Each day such violation continues shall constitute a separate offense.
(1999 Lou. Code, § 152.99) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 81-2024, approved 6-11-2024)