Page 1 of 1 100.405 Enforcement of binding elements classified as civil offenses -- Exception to powers of classification. (1) The planning commission in counties containing a city of the first class or a consolidated local government may issue remedial orders and impose civil fines as <br>a method of enforcing a binding element when a violation of that binding element <br>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 <br>by ordinance, which shall provide: <br>(a) That a violation of the binding element is a civil offense; and <br>(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 <br>Kentucky Revised Statutes, including specifically and without limitation any <br>provision of the Kentucky Penal Code and any moving motor vehicle offense. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 156, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 10, sec. 3, effective July 15, 1998.
Page 1 of 1 100.405 Enforcement of binding elements classified as civil offenses -- Exception to powers of classification. (1) The planning commission in counties containing a city of the first class or a consolidated local government may issue remedial orders and impose civil fines as <br>a method of enforcing a binding element when a violation of that binding element <br>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 <br>by ordinance, which shall provide: <br>(a) That a violation of the binding element is a civil offense; and <br>(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 <br>Kentucky Revised Statutes, including specifically and without limitation any <br>provision of the Kentucky Penal Code and any moving motor vehicle offense. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 156, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 10, sec. 3, effective July 15, 1998.
Page 1 of 1 100.405 Enforcement of binding elements classified as civil offenses -- Exception to powers of classification. (1) The planning commission in counties containing a city of the first class or a consolidated local government may issue remedial orders and impose civil fines as <br>a method of enforcing a binding element when a violation of that binding element <br>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 <br>by ordinance, which shall provide: <br>(a) That a violation of the binding element is a civil offense; and <br>(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 <br>Kentucky Revised Statutes, including specifically and without limitation any <br>provision of the Kentucky Penal Code and any moving motor vehicle offense. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 346, sec. 156, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 10, sec. 3, effective July 15, 1998.
