100.405 Enforcement of binding elements classified as civil offenses -- Exception to

166 words·~1 min read·/ky/100-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

powers of classification.

(1)The planning commission in counties containing a consolidated local government

may issue remedial orders and impose civil fines as a method of enforcing a binding

element when a violation of that binding element has been classified as a civil

offense in accordance with this section.

(2)Subject to the limitations set forth in subsections

(1)and

(3)of this section, if a

local government elects to enforce a binding element as a civil offense, it shall do so

by ordinance, which shall provide:

(a)That a violation of the binding element is a civil offense; and

(b)A maximum civil fine that may be imposed for each violation of a binding

element.

(3)No local government shall classify the violation of a binding element as a civil

offense if the violation would also constitute an offense under any provision of the

Kentucky Revised Statutes, including specifically and without limitation any

provision of the Kentucky Penal Code and any moving motor vehicle offense.