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Persons violating this subchapter in addition to other penalties set forth in this code or by the laws of this Commonwealth of Kentucky may be denied entrance to the premises, ordered to leave the premises, and if employees of the city or its agencies violate this subchapter, shall be subject to employee disciplinary measures for violation of this chapter.
(Ord. 0-98-005, passed 2-23-98; Am. Ord. 0-2011-014, passed 5-23-11; Am. Ord. 0-2013-003, passed 2-11-13; Am. Ord. O-2023-07, passed 6-26-23)
HOODS AND MASKS
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. A place to which the public or substantial groups of persons has access and includes, but is not limited to highways, streets, lanes, alleys, roads, sidewalks, transportation facilities, schools, places of amusements, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
(B) No person, whether in a motor vehicle or otherwise, shall, while wearing any hood, mask, false whiskers, or any personal disguise 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 or upon any private property in this commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing within the city.
(C) The following are exempted from the provisions of division (B) above:
(1) Any person under 16 years of age;
(2) Any person using masks in theatrical or circus productions;
(3) 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 and physical protection of the wearer or because of the nature of the occupation, trade or professional or sporting activity;
(4) Any person wearing a gas mask in drills, exercises or emergencies;
(5) Any person participating in a city authorized and approved Halloween event; and
(6) Wearing a mask, hood or other device for bona fide medical reasons upon the advice of a licensed physician or osteopath and carrying on his or her person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device.
(Ord. 0-2017-013, passed 4-24-17) Penalty, see § 130.99
Any person who violates § 130.20 shall be guilty of a misdemeanor, and shall be fined no more than $250 and/or imprisoned for no longer than 50 days. If during the commission of a crime a person violates § 130.20 they shall be guilty of a misdemeanor and shall be fined no more than $1,000 and/or imprisoned for no longer than one year, or both fined and imprisoned.
(Ord. 0-2017-013, passed 4-24-17)