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HomeMy WebLinkAboutOrdinances Book 12, Page 991, No Ordinance NumberAN ORDINANCE REGULATING AND CONTROLLING THE USE OF THE PADUCAH FLOOD;/ALL AND ?ROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE BOARD OF CONhiISSIONERS OF THE CITY OF PADUCAIl, AEN77ICKY. SECTION 1. It shall be unlawful for any person, firm or corporation to trespass over, along, upon or through any real estate which the City has acquired or may hereafter acquire as a right of way and easement for flood Protection purposes and upon which there has been constructed or may hereafter be constructed a flood wall or levee, the right of ingress and egress over, upon and through any such easement being hereby confined to the privilege of using any established gate or opening in said flood wall or levee and other crossing officially provided for crossing, for the sole purpose of access to and from the outside of or riverward side thereof. The privilege herein given may be had and enjoyed, subject to the following express reservations and restrictions thereupon: A. The City reserves the right, without notice, to cancel and annul or to suspend such privilege, whenever, in its discretion,the public interest may so require. B. The said privilege shall always be subject and subservient to the public use and enjoyment of said flood protection system and of all the parts hereof and subject and subservient to maintenance, operation, control and use of said rights of way, easements, flood wall, levee, gates and openings, in the Public interest, and for the uses and purposes for whichthe same are intended. C. The said privilege shall be limited to the use thereof for access to and from property lying outside of and riverward from said flood wall or levee, and shall not be used as a means of trespass, upon said rights of way, easements, flood wall, levee, gates or openings or upon the lands or property of others. SECTION R. It shall be unlawful for any person, firm or corporation to place or construct any building, house, shed, pen or other structure of any kind or character, whether the same be of combustible or non-combustible material, upon the land or rights of way acquired by the City for flood wall purposes, or at any place upon the flood wall, levees, gates or opening. SECTION 3. It shall be unlawful for any person, firm or corporation to place or construct any fences, enclosures, walkways or other obstructions, or to place or dump rubbish, waster material or other matter, upon the land or rights of way acquired by the City for flood walls, or upon, over or against said flood walls or levees or appurtenant works. SECTION 4. It shall be unlawful for any person, firm or corporation to burn rubbish, trash or any other material or to kindle any fires of any kind upon the land or rights of way acquired by the City for flood wall purposes, or j to burn or cause to burn any grass or, other growth thereon. 992 SECTION 5. It shall be unlawful for any person, ,firm or corporation to tether, hitch, lead upon or over, or permit to run at large, any horses, mules, goats, sheep, chickens, ducks, geese or other animals or fowls, upon the lands or rights of way acquired by the City for flood wall purposes, or at any place upon the flood wall, levees, gates or openings. SECTION 6. Upon written application to the Board of Commissioners of the City of Paducah, any person, firm or corporation may request permission to place or construct structures or to perform other activities upon the lands or rights of way acquired by the City for flood walls. The Board of Commissioners shall thereupon cause the City Flood Wall Superintendent to investigate the facts and circumstances of the application and make a written report thereof. After the Flood Wall Superintendent determines that the proposed structures or performances of other activities will not endanger the safety or efficiency of said flood protection works and will not impede or obstruct the inspection of maintenance of the same, the Board of Commissioners shall then submit said application and report to the District Engineer of the United States Engineering Department at large in charge of the locality, for approval. Upon receipt of written approval by said District Engineer, the Board of Commissioners may then issue written permission to the applicant to place or construct the structures or perform other activities, subject to the condition, in the manner and at the locations therein stated, which terms and conditions shall provide among other things that such permission may be withdrawn at any time subsequent to the granting thereto either with or without cause and shall ,further provide that the applicant will upon being notified so to do, remove such structures or cease to perform such activities, forthwith, and upon the further condition that the person, firm or corporation so authorized shall be responsible for and will promptly pay to the Cztyof Paducah, all damages which may have been occasione to the said lands, rights of way, flood walls, levees, gates or any parts thereof by virtue of the exercise of said permission. SECTION 7. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 8. The provisions of this ordinance are severable, if any provision section, paragraph, sentence or part thereof shall be held invalid, such decision shall not affect or impair the remainder of the ordinance, it being the legislative intent to ordain and enact each provision, paragraph, section, sentence and part thereof separate and independent of each other. SECTION 9. Any person who violates any of the provisions of Sections 1 through 6 of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than Ten ($10.00) Dollars nor more than One hundred ($100.00) Dollars, and may be further sentenced to jail for a period not exceeding thirty (30) days, for such offense, and each day such violation continue shall constitute a separate offense, and, moreover, shall be I& ble to the 993 City in a civil action for damages. SECTION 10. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners December 9, 1952 Recorded by Sarah Thurman, City Clerk, December, 9, 1952.