(A) The city shall undertake all action necessary and pursuant to its police powers and any and all other applicable authority, power, and laws and shall prohibit the following contamination, misuses, activities, and degradation of its primary fresh water supply, specifically the city reservoir and lands of the city appurtenant thereto:
(1) The discharge of sewage, minerals, oil products, litter, or any other substance, organic or non-organic, that has a destructive or injurious effect upon or in the aforesaid body of water and lands of the city appurtenant thereto by any person or entity;
(2) Entry upon city property adjacent to the aforesaid body of water by any domesticated hooved quadraped;
(3) The use of gasoline motors upon said body of water;
(4) Motor vehicle travel upon city lands adjacent to the aforesaid body of water, except in areas designated for authorized purposes;
(5) Swimming within the aforesaid body of water by human or beast is prohibited; or
(6) Use of the aforesaid body of water and lands appurtenant thereto between the hours of sundown and sunrise except by permit which shall be obtained from the City Clerk or the Water Plant operator.
(B) Any provision contained herein, which is contrary to Kentucky Revised Statutes shall be null and void without effecting the remaining provisions contained herein. Penalties or prohibitions contained herein are in addition to any prohibitions or penalties provided within the Kentucky Revised Statutes.
Nothing in this section hereby enacted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just legal right or remedy of any character be lost, impaired, or affected by this section.
(C) Any person or entity who engages in the prohibited activities as set forth in divisions (A)(1) through (A)(4) above shall be charged with a misdemeanor which may result in a maximum penalty of $500 and imprisonment for a period of up to 12 months, as determined in the discretion of the Judge or jury trying the case, and shall also be subject to forfeiture of any instrumentality used in the commission of the prohibited activity, including, but not limited to, motor vehicles or livestock, for each act, failure to act or omission, without regard to intent, that results in an activity or activities that is deemed to be a violation of divisions (A)(1) through (A)(4) above .
(2) Failure to comply with divisions (A)(5) through (A)(6) above shall be deemed a violation and result in a fine of $250 or less as determined in the discretion of the Judge or jury trying the case
(D) This section shall be effective upon passage and publication.
(Ord. 95-8, passed 7-11-1995)