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(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for an expulsion of seven (7) days or longer may request an informal City Manager review to have the expulsion notice rescinded or the duration of the expulsion shortened.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the City Manager or who has been denied relief in a City Manager Review may file an appeal to have the expulsion notice rescinded or the duration of the expulsion shortened.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)
(A) It is unlawful for any person to:
(1) Enter or remain in any park during the period covered by an expulsion notice pursuant to § 93.41; or
(2) Enter, remain in, or be present within the premises of a park during hours that the park is not open to the public.
(B) It is not a defense to the crime of trespass in parks:
(1) That the underlying expulsion issued pursuant to this chapter is on appeal when the expelled person was apprehended, charged, or tried under this section; nor
(2) That the expelled person entered or remained in the park pursuant to a permit that was issued either before or after the date of the expulsion notice.
(C) Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and may be punished by a fine in any sum not to exceed one thousand dollars ($1,000) or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.
(D) Trespass in parks is also a violation of KRS 511.080 and a violator may be charged with KRS 511.080 in lieu of violation of this section.
(Ord. O-2019-28, passed 10-28-19)
(A) The penalty for violating § 93.02 shall be one hundred dollars ($100.00) per violation.
(B) The penalty for violating § 93.30 shall be as follows per violation.
(1) Fist offense: $150.00
(2) Second offense: $300.00
(3) Third offense (and every offense thereafter): $1,000.00
Note: A recurring violation within a twelve (12) month period constitutes a second violation and/or third violation and the organization shall be cited as such. Organizations with more than five (5) violations in a twelve (12) month period, at the city’s sole discretion, may void the usage agreement between the city and organization.
(C) (1) Any person violating any provision of Chapter 93 may be fined a minimum of one hundred dollars ($100.00) per violation however the maximum amount is not to exceed the maximum amount allowed by law for the commission of a misdemeanor.
(2) In addition to any other penalty provided for herein, any person violating Chapter 93 will subject the offending vehicle to impoundment by the police for a period of time not to exceed thirty (30) days. If the offending vehicle is impounded from a minor (person under the age of eighteen (18)) then a parent or guardian must accompany the minor to claim the offending vehicle from the Police Department within the thirty (30) day period. All outstanding fines must be paid in full before such time as the property will be turned back over to the owner.
(D) In addition, the City of Pikeville reserves the right to charge any individual(s) with criminal trespass under the Kentucky Revised Statutes for the violation of any provision of Chapter 93.
(Ord. 0-98-008, passed 3-23-98; Am. Ord. 0-2004-007, passed 9-24-04; Am. Ord. 0-2007-014, passed 4-23-07; Am. Ord. 0-2009-012, passed 5-29-09; Am. Ord. 0-2012-07, passed 3-26-12)