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<br />Section 3. Chapter 8.08 of the Louisville Municipal Code <br />is hereby amended by the addition of a new Section 8.08.025 to read <br />as follows: <br /> <br />8.08.025 Control of weeds on agricultural property. <br /> <br />A. In agricultural zones, on real property actively <br />used for agricul tural purposes, the control and <br />abatement of the growth of weeds may be <br />accomplished by the use of chemical management or <br />mechanical control, except that control by burning <br />on such property shall only be permitted for <br />irrigation ditches or irrigation ditch rights-of- <br />way. <br /> <br />B. The use of chemical management shall be <br />accomplished in accordance with applicable state <br />and federal law. <br /> <br />C. Written notice of irrigation ditch or ditch right- <br />of-way burning permitted by subsection A. shall be <br />gi ven at least seven days prior to the proposed <br />burning to the City and to the Fire Protection <br />District in which the property is located of the <br />date, time and place of the proposed burning. <br /> <br />D. Nothing in this section shall be construed to <br />authorize the maintenance of any nuisance or of any <br />violation of any state or federal law or <br />regulation. <br /> <br />Section 4. The repeal or modification of any provision of the <br />Municipal Code of the City of Louisville by this ordinance shall <br />not release, extinguish, alter, modify, or change in whole or in <br />part any penalty, forfeiture, or liability, either civil or <br />criminal, which shall have been incurred under such provision, and <br />each provision shall be treated and held as still remaining in <br />force for the purpose of sustaining any and all proper actions, <br />suits, proceedings, and prosecutions for the enforcement of the <br />penalty, forfeiture, or liability, as well as for the purpose of <br />sustaining any judgement, decree, or order which can or may be <br />rendered, entered, or made in such actions, suits, proceedings, or <br />prosecutions. <br /> <br />Section 5. If any article, section, paragraph, sentence, <br />clause or phrase of this ordinance is held to be unconstitutional <br />or invalid for any reason, such decision shall not affect the <br />validity or constitutionality of the remaining portions of this <br />ordinance. The City Council hereby declares that it would have <br />passed this ordinance and each part or parts hereof irrespective of <br />the fact that anyone part or parts be declared unconstitutional or <br />invalid. <br /> <br />3 <br />