(A) Use of the premises known as the Coach D. Park located in the city shall be subject to the rules and regulations as are set forth herein. Use of the park shall be open to the general public. However, subject to these provisions, persons found to be in violation of these rules may be temporarily or permanently barred from use of said facilities.
(B) No person shall commit vandalism at the Coach D. Park. Vandalism shall include but not be limited to the following acts:
(1) Defacing surfaces in any manner including by writing of words, pictures, markings, drawings or other materials by way of any medium;
(2) Emptying of trash cans;
(3) Removal of mulch material from the contained area;
(4) Littering; and/or
(5) Causing damage to or destruction to any of the premises.
(C) No person shall use offensive language at Coach D. Park. Offensive language shall be defined as language causing a reasonable person to have fear of imminent physical injury or assault.
(D) No person shall engage in acts of physical violence or unwanted physical contact against any person whether or not resulting in physical injury.
(E) A violation of the terms of this section shall be deemed to have occurred if it is witnessed by a law enforcement officer or a city employee or elected official. Additionally, an offense shall be deemed to have occurred if it is established upon the written statements of two or more persons and, after investigation by the city Police Department or other law enforcement agency, has been deemed to have occurred. Additionally, an offense shall be deemed to have occurred if that a person is convicted by a court, of conduct at the park which would constitute a violation of this section.
(F) In order to maintain records related to the enforcement of this section, a log shall be maintained by the Police Department as to the names, addresses and offenses of persons deemed to be in violation of this section along with the penalty imposed for such offense.
(G) Any person disagreeing with a determination made of violation of this section may, within ten days of notice of their violation file a written appeal to the City Council which shall hear and review said appeal at a time and place designated by the City Council within 30 days of the filing of said appeal. Any person permanently barred from Coach D. Park under § 97.99 may apply for reinstatement after passage of two years.
(H) Any person found upon the premises of Coach D. Park while under a suspension shall be guilty of trespass and shall be charged in accordance with Kentucky Law. Additionally, prior to the ending of any suspension; the person so suspended shall be required to first pay full restitution for the cost of the remediation, if any. Otherwise, said suspension shall continue indefinitely.
(Res. 2011-002, passed 5-9-2011; Am. Ord. 2015-001, passed 2-9-15; Am. Ord. 2015-003, passed 6-8-15) Penalty, see § 97.99