(A) Any person convicted of perpetrating a nuisance as declared and described in this chapter shall, on conviction be fined in a sum not less than $50 nor more than $500 for each offense, and each solicitation or sale shall constitute a separate distinct offense.
(B) Any person found guilty of soliciting without a permit shall be fined not less than $50 nor more than $500 for each such occasion.
(C) Any mobile food vendor found guilty of violating any applicable federal, state, or local law, rule, administrative regulation, code, or any applicable section of this chapter shall, in addition to any fines imposed by the United States, Commonwealth of Kentucky, or other entity authorized to impose fines, be fined $50 for the first violation, $250 for a second violation, and $500 for a third violation. A vendor found to have three (3) or more violations during the term of this pilot program may have its permit revoked and/or may be refused a renewal of its permit.
(D) (1) Failure to comply with the provisions of this chapter for which no other penalty is specifically provided, or failure to comply with any of its requirements (inclucling violations of the conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a violation.
(a) Any person who so violates this chapter or fails to comply with any of its requirements, including the compliance with any official notice of violation, shall be subject to a fine as detailed in § 40.39 and § 115.99, respectively, except as provided in division (l)(b) below. A separate civil fine shall be assessed for each day a violation continues.
(b) Any person, owner or agent who violates this chapter shall upon conviction be guilty of a misdemeanor and shall be fined not less than $100 nor more than $500 for each lot or parcel which was the subject of sale or transfer or a contract for sale or transfer (see KRS 100.991.2).
(2) Criminal penalties; legal, equitable, injunctive relief. The following definitions of crimes shall apply:
(a) A Class A misdemeanor shall be punished by a term of imprisonment not to exceed twelve (12) months and/or a fine not to exceed five hundred dollars ($500).
(b) A Class B misdemeanor shall be punished by a term of imprisonment not to exceed ninety (90) days and/or a fine not to exceed two hundred fifty dollars ($250).
(c) A violation shall be punished by a fine not to exceed two hundred fifty dollars ($250).
(d) Each violation of or non-compliance with this chapter shall be considered as a separate offense as will each day of continued violation or non-compliance.
(e) The city may take any such lawful action to prevent or remedy any violation or non-compliance including but not limited to an equitable action for injunctive relief or an action at law for damages. In such action, attorneys fees and costs of the city shall be assessed against the defendant(s).
(Ord. 99, passed 10-28-38; Am. Ord. 764, passed 8-12-82; Am. Ord. 2019-1775, passed 5-9-19; Am. Ord. 2023-1846, passed 6-8-23)