(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 or thoroughfares dedicated to public use or owned or maintained by public authority; all grounds and buildings owned, leased, or operated for the use of organizations enjoying all tax-exempt privileges as a charitable use in Daviess County, Kentucky, but outside the corporate limits of the City of Owensboro.
(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 county, but outside the corporate limits of the City of Owensboro.
(C) Wearing hoods or masks on the property of another. 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, 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 county, but outside the corporate limits of the City of Owensboro, unless he or she shall have first obtained the written permission of the owner and the occupant of such property.
(D) Exemptions. The following are exempted from the provisions of divisions (B) and (C) above:
(1) Any person under 16 years of age;
(2) Any person wearing traditional holiday costumes in season;
(3) Any person using masks in theatrical productions including use in Mardi Gras celebrations and masquerade balls;
(4) 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 or sporting activity; or
(5) Any person wearing a gas mask in drills, exercises, or emergencies.
(E) Declaration of emergency. The County Fiscal Court hereby declares that an emergency does exist and pursuant to the provisions of KRS 67.078(2), and suspends the requirements of KRS 67.077.
(F) Effective date. This section becomes effective immediately upon passage and publication.
(Ord. KOC 1020.1, passed 10-28-1980) Penalty, see § 130.99