Violations - general.
(A) Any user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a Class A misdemeanor, punishable by a fine not to exceed five hundred dollars ($500) per violation per day or imprisonment for not more than twelve (12) months. Each day in which such violation shall continue shall be deemed a separate offense.
(B) Any user who knowingly and/or negligently makes any false statements, representation or certification of any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or industrial user permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment for not more than twelve (12) months, or by both. Each day in which such violation shall continue shall be deemed as a separate offense.
(C) In the event of a second conviction, the user shall be guilty of a Class D felony and shall be punished by a fine in an amount not lees than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000), or double his or her gain from city of the offense, whichever is greater or imprisonment not less than one (1) year nor more than five (5) years or both. Each day in which such violation shall continue shall be deemed a separate offense.
(D) The City Manager or his or her designee shall have the authority to pursue criminal charges on behalf of the City of Pikeville in any court of competent jurisdiction in the Commonwealth of Kentucky.
(Ord. O-2019-01, passed 1-28-19)