(A) Executive Authority to restrict public use of public property. In the event of any occurrence or any series of occurrences by which any area of any city park or any other public place develops into a condition that will be adversely affected by the continued public use thereof, the Executive Authority of the city may and is hereby authorized to temporarily prohibit the public use thereof until that condition has been remediated, and that area will no longer be adversely affected by the public use thereof.
(B) Prohibitions. All areas of city parks and other public areas which have been temporarily prohibited to public use by the Executive Authority of the city pursuant to the provisions hereof shall be posted with signs to that effect during the period of that prohibition; and while those signs are posted, nobody shall enter upon any area so posted or otherwise promote, cause, encourage, aid, assist, allow or engage in the use of any areas so posted.
(C) Civil penalties. Each separate violation of this section is hereby classified as a civil offense, for which:
(1) The maximum civil fine required by KRS 65.8808(2)(b) that may be imposed for each separate violation of this section is hereby established as five hundred dollars ($500); and
(2) The specific civil fine required by KRS 65.8808(2)(c) is hereby established as twenty-five dollars ($25) for each separate offense and violation of this section, if the person who has committed the violation and offense does not contest a citation therefor.
(D) Criminal penalties. Each violation of this section shall be a misdemeanor for which everybody convicted thereof in a court of competent jurisdiction shall be sentenced to pay a criminal fine not to exceed the maximum amount of five hundred dollars ($500) as set forth in KRS 534.050(2)(a) or a term of imprisonment not to exceed the maximum period of twelve (12) months as set forth in KRS 532.090(1), or both.
(Ord. 2005-01-01, passed 2-7-05)