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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INDECENT EXPOSURE. When a person, male or female, intentionally exposes the genitals of the person under circumstances in which the person knows or should know the conduct and the exposing of the genitals is likely to cause affront or alarm.
OBSCENITY.
(1) To the average person, applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct;
(2) The matter depicts or describes the sexual conduct in a patently offensive way; and
(3) The matter taken as a whole, lacks serious literary, artistic, political or scientific value.
SEXUAL MISCONDUCT. Acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse or deviant sexual intercourse; or physical contacts with the genitals, flagellation or excretion for the purpose of sexual stimulation or gratification.
(1995 Code, § 9.04.010)
SPECIFIC PROHIBITED ACTS
(A) 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 and all grounds and buildings owned, leased or operated for the use of organizations enjoying all tax-exempt privileges as a charitable use.
(B) (1) 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.
(2) 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, 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 or she shall have first obtained the written permission of the owner and the occupant of the property.
(C) The following are exempt provisions of division (B) 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; and
(5) Any person wearing a gas mask in drills, exercises or emergencies.
(1995 Code, § 9.04.030) Penalty, see § 130.99
(A) No person being the owner or occupant or otherwise in possession of any property located within the City knowingly shall allow any person under the age of 21 years to remain on the property while in the possession of intoxicating liquor or beer or while consuming intoxicating liquor or beer.
(B) It shall be an affirmative defense under this section if the person charged with the offense, within 1 hour after the utilization of intoxicating liquor or beer constituting the basis of the violation, enlisted the aid of and cooperated with law enforcement personnel to cause minors who are utilizing intoxicating liquor or beer in violation of this chapter to not remain on the property.
(1995 Code, § 9.04.040) Penalty, see § 130.99
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TOXIC GLUE. Any glue, adhesive cement, mucilage, plastic solvent or other adhesive containing toluene, acetone, xylene, butyl alcohol, hexane, tricresyl phosphate or other toxic ingredient.
(1995 Code, § 9.04.050)
(B) No person shall sell or transfer possession of any toxic glue to another person under 21 years of age, except that 1 tube of glue may be sold at any one time to a person under 21 years of age; provided that, the tube is included in a kit for the assembly of a model airplane, automobile, boat or other unassembled model, or that a kit not having glue packaged therein is sold in conjunction with the sale of 1 tube of glue.
(1995 Code, § 9.04.060)
(C) No person shall inhale, drink, eat or otherwise introduce into his or her respiratory or circulatory system any toxic glue with the intent of becoming intoxicated, elated, paralyzed, irrational or, in any manner, changing, distorting or disturbing the eyesight, thinking process, judgment, balance or coordination of the person. For the purpose of this section, any such condition so induced shall be deemed to be an intoxicated condition.
(1995 Code, § 9.04.070)
(D) No person shall, for the purpose of violating or aiding another to violate any provision of this section, intentionally possess, buy, sell, transfer, possess or receive any toxic glue.
(1995 Code, § 9.04.080) Penalty, see § 130.99
(A) (1) It is unlawful for a person to appear in any public place in a manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, or for any female to appear in such manner or attire as to expose to view the portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
(2) For the purpose of this division (A), the following definition shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. The same as the definition of “public place” in KRS 525.010.
(1995 Code, § 9.04.100)
(B) (1) For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS ESTABLISHMENTS. A business within the City, where liquor, beer and/or wine is sold for consumption on the premises pursuant to a retail drink liquor license and/or retail cereal malt beverage liquor license that has been issued by the City.
LICENSE. A retail drink liquor license or a retail cereal malt beverage liquor license issued by the City.
LICENSEE. Any person to whom a retail drink liquor license or a retail cereal malt beverage liquor license has been issued by the City, including the officers and agents of the licensee.
LIQUOR ADMINISTRATOR. The duly appointed Alcoholic Beverage Control Administrator of the City.
OCCUPATION LICENSE. The occupational license issued for the business establishment pursuant to the City’s occupational license ordinance.
PERSON. A human being, and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental authority.
PREMISES. The land and building in and upon which any business establishment regulated by alcoholic beverage statutes is carried on.
RETAIL LICENSEE. Any licensee, including its officers and agents, who sells at retail any alcoholic beverage for the sale of which an occupational license is required.
(1995 Code, § 9.12.010)
(2) It is unlawful for, and a person is guilty of, performing nude or nearly nude activity when that person appears on a business establishment’s premises in a manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, or when any female appears on a business establishment's premises in a manner or attire as to expose to view the portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel; provided, the areola is not exposed in whole or in part.
(1995 Code, § 9.12.020)
(3) A licensee or retail licensee is guilty of permitting nude or nearly nude activity when, having control of the business establishment’s premises, which it knows or has reasonable cause to know is being used by any person to appear on the premises in a manner or attire as to expose to view portions of the pubic area, anus, vulva or genitals, or any simulation thereof, or used by any female to appear on the premises in a manner or attire as to expose to view any portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof; it permits the activity or fails to make reasonable and timely effort to halt or abate the activity or fails to make reasonable and timely effort to halt or abate such activity or use. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel; provided, the areola is not exposed in whole or in part.
(1995 Code, § 9.12.030)
(4) (a) In the event that a violation of divisions (B)(2) or (3) above occurs, the City Liquor Administrator shall forthwith conduct a hearing pursuant to KRS 243.520, in conjunction with KRS 241.160 and 241.190, to determine whether the liquor licensee, at whose business establishment the activity prohibited by this chapter occurred, shall have his or her or its license suspended or revoked.
(b) In the event 3 or more violations of divisions (B)(2) and (3) above occur at a business establishment within a 12-month period, the Liquor Administrator, after a hearing, shall revoke the retail drink license or retail cereal malt beverage liquor license or both.
(1995 Code, § 9.12.040)
(5) (a) In the event that a violation of divisions (B)(2) and (3) above occurs, the City Manager shall prefer charges against the retail license pursuant to this code of ordinances and after notice, a hearing and the like, held by the Board of Commissioners, the occupational license shall either be revoked or suspended.
(b) In the event that 3 or more violations of divisions (B)(2) or (3) above occur at a business establishment within a 12-month period, after notice and hearing and the like, pursuant hereto, the Board of Commissioners shall revoke the occupational license of the retail licensee.
(1995 Code, § 9.12.050) Penalty, see § 130.99
(A) It shall be unlawful to discharge a revolver, pistol, shotgun, rifle or firearm of any make, model, description or type, of any kind or nature, which may be used for the explosion of cartridges or shells, and which shall cause a bullet of any type or nature to be propelled therefrom, at any time, within the City limits.
(B) Any law enforcement officer of the City is hereby authorized and directed to confiscate any such revolver, pistol, shotgun, rifle or firearm and/or any such instrumentality set forth in division (D) hereof found in possession of or used by any person within the City limits and in violation hereof.
(C) The provisions hereof shall not apply to any law enforcement officer discharging his or her service weapon or any other firearm in the performance of his or her duties, nor shall the same apply to any commercial establishment operating a gun range within any zone of the City permitting the same.
(D) The use and possession of B-B guns, air rifles, pellet guns and any other instrument capable of discharging a projectile, whether by air, gas, spring or other means, other than a firearm, is prohibited by anyone under the age of 18 without parental guidance.
(E) Any person found in violation of divisions (A) or (B) hereof or any parent, guardian or person having legal custody of a minor who violates the provisions of division (D) hereof shall be subject to citation and, upon conviction, shall be subject to the penalty set forth in § 130.99 of this chapter.
(1995 Code, § 9.20.010) (Am. Ord. O-2022-006, passed 8-22-2022)
Penalty, see § 130.99
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