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§ 130.01 TEARING DOWN ADVERTISEMENTS.
   It shall be unlawful for any person to take down or deface any advertisement required by law for the sale of property, put up by an officer, commissioner, or receiver authorized to make sale of such property by execution judgment or order of sale or otherwise before the time of sale mentioned in it.
('30 Code, Ch. IX, Subj. 46) Penalty, see § 130.99
§ 130.02 JUMPING FROM MOVING TRAINS.
   It shall be unlawful for any person other than passengers or employees to get on or off, on the outside, or to swing on or hang on from the outside of any engine or car while the same is in motion or switching or immediately preceding its moving or switching.
('30 Code, Ch. IX, Subj. 48) Penalty, see § 130.99
§ 130.03 WEARING OF HOODS AND MASKS.
   (A)   For the purpose of this section, "PUBLIC PLACE" shall mean 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 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.
   (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, unless he shall have first obtained the written permission of the owner and the occupant of such property.
   (D)   Exemptions. The following are exempt from the provisions of division (B) and (C):
      (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 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;
      (5)   Any person wearing a gas mask in drills, exercises or emergencies.
(Ord. 775, passed 3-24-83) Penalty, see § 130.99
§ 130.04 HERBAL INCENSE PRODUCTS PROHIBITED.
   (A)   Declaration of findings and policy.
      (1)   The city finds that herbal incense products marketed in the United States that provide a marijuana-like high when smoked have become increasingly popular, particularly among teens and young adults and that these products consist of plant material that has been laced with chemicals that have not been approved by the FDA for human consumption.
      (2)   The city further finds that the Commonwealth of Kentucky has moved to prohibit the sale and possession of similar products, but the changing nature of the products has resulted in the availability of herbal incense products that exceed the Commonwealth's definition and statutes and therefore are not properly regulated by the Commonwealth of Kentucky. The city is aware that the side effects of the unregulated herbal incense products pose a threat to the public health and safety of the citizens of the city and it is in the best interests of the city to regulate the sale and use of such products.
   (B)   Definitions.
      (1)"AM CANNABINOIDS." Any synthetic cannabinoids created by Alexandros Makriyannis or his research group, includes, but is not limited to AM-087; AM-251; AM-281; AM-356; AM-374; AM-381; AM-404; AM-411; AM-630; AM-661; AM-678; AM-679; AM-694; AM-855; AM-881; AM-883; AM-905; AM-906; AM-919; AM-926; AM-938; AM-1116; AM-1172; AM-1220; AM-1221; AM-1235; AM-1241; AM-1248; AM-2201; AM-2212; AM-2213; AM-2232; AM-2233; AM-2102; AM-4030. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
      (2)   "CP CANNABINOIDS." CP-47, 497; (C6)-CP-47, 497; (C7)-CP-47, 497; (C8)-CP-47, 497; (C9)-CP-47, 497; CP-50, 556-1; CP-55, 244; CP-55, 940; CP-945, 598. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
      (3)   "HU CANNABINOIDS." Any synthetic cannabinoids synthesized at the Hebrew University, including, but not limited to, HU-210; HU-211; HU-243; HU-308; HU-320; HU-331; HU-336; HU-345. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
      (4)   "JWH CANNABINOIDS." Any synthetic cannabinoids created by John W. Huffman or his research group, including, but not limited to, JWH-007; JWH-015; JWH-018; JWH-019; JWH-030; JWH-047; JWH-048; JWH-051; JWH-057; JWH-073; JWH-081; JWH-098; JWH-116; JWH-120; JWH-122; JWH-133; JWH-139; JWH-147; JWH-148; JWH-149; JWH-161; JWH-164; JWH-166; JWH-167; JWH-171; JWH-175; JWH-176; JWH-181; JWH-182; JWH-184; JWH-185; JWH-192; JWH-193; JWH-194; JWH-195; JWH-196; JWH-197; JWH-198; JWH-199; JWH-200; JWH-203; JWH-205; JWH-210; JWH-213; JWH-229; JWH-234; JWH-249; JWH 250; JWH-251; JWH-253; JWH-258; JWH-300; JWH-302; JWH-307; JWH-336; JWH-350; JWH-359; JWH-387; JWH-398; JWH-424. The term shall not include synthetic cannabinoids that require a prescription, are approved by the United States Food and Drug Administration and are dispensed in accordance with state and federal law.
      (5)   "PERSON." Any person, firm, group, association, organization, partnership, business, trust, corporation, company, limited liability company or any other business entity. For the purposes of this section, the president, managers, owners, shareholders, partners, members or other persons in charge of the business shall be responsible to require the business to comply with this section and shall likewise be subject to the penalties imposed for violations of this section by the business entity.
      (6)   "POSSESSION." To have actual physical possession or otherwise to exercise actual dominion or control over a tangible object.
      (7)   "TRAFFIC." To manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense or sell a controlled substance.
      (8)   "TRANSFER." To dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution.
   (C)   Possession of AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. It shall be unlawful for a person to be in possession of AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. A person is guilty of possession when he or she knowingly and unlawfully possesses AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids.
   (D)   Trafficking in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. It shall be unlawful for a person to traffic in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids. A person is guilty of trafficking when he or she knowingly and unlawfully traffics in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids.
   (E)   Applicability of state law. If current or future Kentucky law prohibits any substance(s) contained in this section, the Kentucky law shall be applied instead of this section for both prosecution and penalty.
   (F)   Penalties.
      (1)   Any person who violates the provision of this section concerning possession of AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids shall be guilty of a Class B misdemeanor and upon conviction shall be punished by a fine not to exceed $250 and jail time not to exceed 90 days.
      (2)   Any person who violates the provision of this section concerning trafficking in AM Cannabinoids, CP Cannabinoids, JWH Cannabinoids or HU Cannabinoids shall be guilty of a Class A misdemeanor and upon conviction shall be punished by a fine not to exceed $500 and jail time not to exceed 90 days.
      (3)   Each day of such violation shall constitute a separate offense and no additional notice other than notice of the original offense shall be required to convict a person for multiple violations resulting from a continuation of such offense.
(Ord. 2012-1562, passed 2-23-12)
§ 130.99 PENALTY.
   (A)   Any person who violates any provision of § 130.01 shall be fined not less than $5 nor more than $30 for each offense.
('30 Code, Ch. IX, Subj. 46)
   (B)   Any person who violates any provision of § 130.02 shall be fined not exceeding $10 for each offense.
   (C)   Any person who violates § 130.03 shall be guilty of a misdemeanor, and shall be fined no more than $100 or imprisoned for no longer than 50 days, or both.
(Ord. 775, passed 3-24-83)