(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. All walks, alleys, streets, boulevards, avenues, lanes, roads, highways or other ways of thoroughfares dedicated to public use or owned or maintained by public authority.
(B) Wearing hoods or masks in a public place. No person or persons shall, while wearing any hood, mask or device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place within the city with the intent to commit a crime or create alarm.
(C) Wearing hoods or masks on the property of another. No person shall, while wearing any hood, mask or device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, demand entrance or admission, enter or come upon or into, or be upon or in the premises, enclosure or house of any other person in the city with the intent to commit a crime or create alarm, unless he or she shall first obtain written permission of the owner and the occupant of the property.
(D) Exemptions. The following are exempted from the provision of divisions (B) and (C) above:
(1) Any person under 13 years of age wearing a traditional holiday costume in season: Halloween;
(2) Any person using masks in theatrical productions or celebrating masquerade balls;
(3) Any person lawfully engaged in trades or employment or in a sporting activity where a mask or facial covering is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade or professional sporting activity; or
(4) Any person wearing a gas mask in drills, exercises or emergencies.
(Ord. 04-10, passed 6-7-2004) Penalty, see § 90.99