The following penalties shall apply to this Chapter 55:
(A) An excavator who fails to comply with any provision of KRS 367.4911, or an operator who fails to comply with any provision of KRS 367.4909, shall be guilty of endangering underground facilities and may be subject to a fine of two-hundred and fifty dollars ($250) for the first offense and no more than one thousand dollars ($1,000) for the second offense within one year and no more than three thousand dollars ($3,000) for the third and any subsequent offense.
(B) A protection notification center that fails to comply with any provision of KRS 367.4913 shall be subject to a fine of one thousand dollars ($1,000) for each offense.
(C) A person that knowingly provides false notice to a utility notification center of an emergency as defined in KRS 367.4903 shall be subject to a fine of one thousand dollars ($1,000) for each offense.
(D) Any person who violates any provision of the Underground Facility Damage Prevention Act of 1994, KRS 367.4901 to 367.4917, that involves damage to a facility containing any flammable, toxic, corrosive, or hazardous material or results in the release of any flammable, toxic, corrosive, or hazardous material shall be subject to a fine not to exceed one thousand dollars ($1,000) for each offense. The penalties of this subsection arc not in conflict with and are in addition to civil damages for personal injury or property damage.
(E) (1) All fines recovered for a violation of this section shall be paid to the general fund of the state, county, city or fire protection agency which issued the citation.
(2) In the event more than one (1) government agency was involved, the Court shall direct an apportionment of the fines.
(3) Failure to comply with the provisions of the Underground Facility Damage Prevention Act of 1994, KRS 367.4901 to 367.4917, may be determined at the conclusion of an investigation and shall be based on evidence available to state, county or city officials, law enforcement, or fire protection agencies which issued the citation.
(Ord. 2018-1752, passed 2-22-18)