(A) Independent of any non-felony criminal prosecution, any person violating § 131.12(A) shall be cited civilly. A minimum civil penalty fine of $250 or a maximum civil penalty fine of $500 shall be issued.
(B) Independent of any non-felony criminal prosecution, any person violating § 131.12(C) shall be cited civilly. For a first offense within 12 months, a minimum civil penalty fine of $250 or a maximum civil penalty fine of $500 for each act of graffiti committed shall be issued. After an initial final order is entered, for any additional offense within a 12-month period, a minimum civil penalty fine of $500 or a maximum civil penalty fine of $1,000 for each act of graffiti committed shall be issued. Any civil penalty fine issued pursuant to § 131.16(B) shall be a separate and distinct fine, and shall not be included as either: (1) any part of any abatement costs for the removal of graffiti, or (2) any portion of the costs associated with the towing and impoundment of any vehicle.
(D) Any person violating § 131.11 shall be fined a minimum civil penalty of $250 or a maximum civil penalty of $500. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(E) Any person cited in accordance with subsection (D), directly above, may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with §§ 32.275 et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be considered final. In this event, the citation as issued shall be deemed a final order determining that the violation was committed and imposing the civil fine as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to Jefferson District Court.
(F) Once a non-appealable final order is issued, all civil penalty fines collected pursuant to § 131.16(A), (B) and (D) shall be allocated directly to the Louisville Public Space Art Fund.
(Lou. Metro Ord. No. 26-2005, approved 3-1-2005; Lou. Metro Am. Ord. No. 7-2020, approved 2-21-2020, eff. 5-21-2020; Lou. Metro Am. Ord. No. 106-2020 approved 9-11-2020)