Loading...
For purpose of keeping the city sports complex and facilities assets clean while reserving their value and keeping their operational cost as a priority the following policies are adopted:
(A) All agencies, individuals, groups, businesses or schools who by a usage, verbal or written agreement that uses any city-owned sports facility or complex or any adjacent buildings and grounds owned by the city shall be responsible for the maintenance, cleanliness and responsible operational cost controls of the facility or complex while under their use.
(B) All agencies, individuals, groups, businesses or schools shall be responsible for following all city rules and regulations. Failure to do so shall result in a violation and that organization shall be cited not to exceed the maximum penalty under § 93.99
and may subject the violator(s) with ejection from the sport complexes.
(C) When using a city complex or facility as described above the organization shall be responsible for the following. Failure to comply shall result in a violation and that organization shall be cited not to exceed the maximum penalty under § 93.99
.
(1) No damage occurs to the facility due to negligence or irresponsible actions from any member, coach or player while an organization is utilizing a city complex or facility.
(2) All trash and clutter is cleaned up after each use and placed in proper containers. No personal items or effects are to be left on the fields or any part of the complex after each use.
(3) Bathrooms, locker-rooms or any other building, grounds or parking areas are clean after each use, are free of all trash and organized.
(4) All city fixtures, equipment or supplies are placed back into their original permanent location.
(5) All storage areas are clean, organized and free of trash.
(6) All lights and electrical components, that are not fixed fixtures are unplugged or turned off.
(7) The city facilities are not altered from their original state in any way without written consent from the city.
(8) Stadium lights are permitted to be on no earlier than fifteen (15) minutes prior to the arrival of a person in charge of an event and must be off no longer than thirty (30) minutes after a practice or one (1) hour after a scheduled game. The city and schools shall be the only agencies that control the stadium lighting system. The Athletic Director of each school shall be responsible for adding or deleting personnel from their schools user list by contacting the Parks Director or City Manager. Any user that violates this policy may lose entitlement to the system and their school or organization shall be cited not to exceed the maximum penalty under § 93.99.
(9) No unauthorized use of equipment, vehicles, foods, materials or tobacco product of any kind is permitted to be on or near the fields at any time. No sunflower seeds, chewing gum, confetti cannons or other food, devices, or activities that as a result of their designed use, produces litter or other waste materials shall be permitted within the Hambley Athletic Complex or Bob Amos Sports Complex at any time.
(10) Organization is permitted to be on the fields only during times that are scheduled with the city. Unauthorized use is not permitted and shall be in violation of this chapter.
(Ord. 0-2012-07, passed 3-26-12; Am. Ord. O-2022-17, passed 10-24-22)
Penalty, see § 93.99
EXPULSION FROM PARKS AND RECREATIONAL FACILITIES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GOOD CAUSE TO BELIEVE. Facts and circumstances within the issuer's knowledge that
would cause a reasonable person to believe that the person to be expelled has violated a park rule or regulation, or has violated a city or state law.
MANAGER. Includes the City Manager as defined by Kentucky law, Facilities Director or Manager, Parks Operator/Manager/Director or third party zipline, horse stables, water recreational operators.
OPEN SPACE. A non-developed physical area, including but not limited to natural areas and woodlands, that provides visual relief from the built environment for environmental, scenic, or recreational purposes.
PARK. Includes the parks, trails, horse stables or trails, zipline, athletic fields, public festivals, open space areas, and recreation facilities and buildings owned, operated, and/or maintained by the City of Pikeville.
SEXUAL ACT. Any act of indecent exposure as that term is defined in KRS 510.148 or KRS
510.150, as now or hereafter amended; any sexual conduct as defined in KRS 510.010(7) as now or hereafter amended; any sexual intercourse as defined in a public place KRS 510.010(8) as now or hereafter amended.
(Ord. O-2019-28, passed 10-28-19)
(A) The City Manager or his or her designee (hereinafter "Park Official") or Pikeville police officer may order the expulsion of any person from all parks for a period up to one (1) year if the Park Official or police officer has good cause to believe such person, while in any park:
(1) Has been expelled from a park two (2) or more times in any ninety (90) day period;
(2) Committed an assault upon another person;
(3) Enter, remain in, or be present within the premises of a park during hours that the park is not open to the public;
(4) Sold alcohol without a license issued by the city or used alcohol except in designated areas for the licensed sell and consumption of alcohol;
(5) Sold, possessed or used illegal drugs;
(6) Brandished or used any weapon;
(7) Committed a sexual act, as that term is defined herein;
(8) Committed a theft that may be punished as a Class A felony or a Class B felony; or
(9) Caused damage, including graffiti, to any park property.
(B) The Park Official or any police officer may order the expulsion of any person from all parks for a period up to seven (7) days when he or she has good cause to believe that said person has violated any park rule or regulation including but not limit the "park hours", or any other city, federal or state rule, law or regulation, other than the violations identified in division (A) of this section.
(C) The expulsion notice provided for in division (A) and (B) shall:
(1) Be in writing and signed by the individual issuing it;
(2) Contain the date of issuance, the violation that the person is alleged to have committed, and a citation to the code, statute, or park rule violated;
(3) Specify the length and places of expulsion;
(4) State the specific parks if the expulsion is less than all parks;
(5) Set out the method for appealing the notice; and
(6) Prominently display a warning of the consequences for failure to comply with
the notice.
(D) The person being expelled need not be charged, tried, or convicted of any crime or be issued an infraction or have an infraction found committed in order for an expulsion notice to be issued or effective.
(Ord. O-2019-28, passed 10-28-19)
(A) Except where the City Manager issues the expulsion notice, a person receiving an expulsion notice for an expulsion of seven (7) days or longer may request an informal City Manager review to have the expulsion notice rescinded or the duration of the expulsion shortened.
(B) The review request must be in writing, provide the appellant's current address, and telephone number and shall be accompanied by a copy of the expulsion notice that is being appealed.
(C) The written request for a City Manager review must be sent to the City Clerk at City Hall, delivered or postmarked no later than seven (7) calendar days after the issuance of the expulsion notice.
(D) The expulsion shall remain in effect during the pendency of any review.
(E) The City Manager or his or her designee shall:
(1) Notify the appellant of the review date, time, and location;
(2) Conduct a review within five (5) business days of receipt of the review request; and
(3) Issue a ruling no later than five (5) business days after the review upholding,
rescinding, shortening the duration of the expulsion, limiting the expulsion to less than all parks, establishing use conditions where the expulsion is modified.
(Ord. O-2019-28, passed 10-28-19)
(A) A person receiving an expulsion notice for an expulsion of seven (7) days or longer by the City Manager or who has been denied relief in a City Manager Review may file an appeal to have the expulsion notice rescinded or the duration of the expulsion shortened.
(B) The appeal must be in writing, provide the appellant's current address, and telephone
number and shall be accompanied by a copy of the expulsion notice that is being appealed.
(C) The written notice of appeal must be sent to the City Clerk at City Hall, delivered or
postmarked no later than seven (7) calendar days after the issuance of the expulsion notice.
(D) The expulsion shall remain in effect during the pendency of any administrative appeal.
(Ord. O-2019-28, passed 10-28-19)
(A) The city's Hearing Officer or his or her designee (hereinafter "Hearing Official") shall:
(1) Notify the appellant of the hearing date, time, and location;
(2) Conduct a hearing within ten (10) business days of receipt of the notice of appeal; and
(3) Issue a ruling no later than five (5) business days after the review upholding, rescinding, shortening the duration of the expulsion, limiting the expulsion to less than all parks, establishing use conditions where the expulsion is modified.
(B) The Hearing Official shall consider a sworn report or a declaration under penalty of perjury written by the individual who issued the expulsion notice, without further evidentiary foundation. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption.
(C) The Hearing Official shall consider the expulsion notice and may consider any written or oral sworn testimony of the appellant or witnesses, as well as pictorial or demonstrative evidence offered by the appellant that the Hearing Official considers relevant and trustworthy. The Hearing Official may consider information that would not be admissible under the evidence rules in a court of law.
(D) The Hearing Official may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The Hearing Official shall not issue a subpoena for the attendance of a witness at the request of the appellant unless the request is accompanied by the fee required by for a witness in district court. The appellant shall be responsible for serving any subpoena issued at the appellant's request.
(E) If, after the hearing, the Hearing Official is persuaded on a "more probable than not" basis that the violation did occur, the expulsion notice shall be upheld. Upon a satisfactory showing by appellant that he or she understands his or her violation and will not repeat the violation, the Hearing Official may shorten the duration of the expulsion, limiting the expulsion to less than all parks, establishing use conditions where the expulsion is modified. If, however, the violation is not proved on a "more probable than not" basis, then the Hearing Official shall rescind the expulsion.
(F) The decision of the Hearing Official is final.
(G) No determination of facts made by the Hearing Official under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.
(H) In no event will the Hearing Official be a person who is subordinate to the person who issued the expulsion notice.
(Ord. O-2019-28, passed 10-28-19)
Loading...