(A) Definitions. As used in this section, the words anybody, everybody and nobody respectively mean any, every and no human being, or any organization or combination thereof, in the form of a corporation, partnership, joint venture, unincorporated, association or otherwise.
(B) Prohibitions. Nobody other than the city shall cause, promote, aid, assist, allow, encourage or engage in the ownership, maintenance, use or location of any bench or other type of seat within any public right-of-way within the city.
(C) Penalties. Each violation and every other failure to comply with the provisions of this section shall be a misdemeanor; and each day of the continuation thereof shall be a separate and distinct offense for which:
(1) Criminal penalties. Everybody convicted thereof in a court of competent jurisdiction shall be sentenced to pay a criminal fine not to exceed the maximum amount of $500 as set forth in KRS 534.040 (2)(a) or a term of imprisonment not to exceed the maximum period of 12 months as set forth in KRS 532.090 (1), or both.
(2) Civil penalties. Each separate violation of this section is hereby classified as a civil offense, for which the offender shall be subject to a civil penalty of $100 for each separate violation, which shall be recovered by the city in a civil action in the nature of debt, if it isn't paid by the offender within 30 days after being cited therefore.
(Ord. 219 (12-8-04), passed 12-8-04)