(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)