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§ 93.45 VIOLATION OF EXPULSION NOTICE.
   (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)
§ 93.99 PENALTY.
   (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)