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ARTICLE IV. MISCELLANEOUS OFFENSES
(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"MASK," "HOOD" or "FACE COVERING." Any device that covers or conceals any portion of a person’s face so as to conceal the identity of the wearer.
"PUBLIC PLACE." All walks, alleys, boulevards, avenues, lanes, roads, highways or other ways or thoroughfares dedicated to public use or owned or maintained by public authority, all grounds and buildings owned, leased by, operated or maintained by public authority, all buildings owned, leased or operated for the use of organizations enjoying all tax-exempt privileges as a charitable use.
(B) Wearing masks, hoods or face coverings in public places. Except as otherwise provided herein, no person, whether in a motor vehicle or otherwise, while wearing a mask, hood or face covering as defined above, shall enter, remain or appear in any public place in the city.
(C) Exemptions. The provisions of this section do not apply to any person:
(1) Under sixteen (16) years of age;
(2) Wearing a traditional holiday costume in season;
(3) Engaged in a trade or employment where a mask, hood or face covering is worn for the purpose of ensuring the physical safety of the wearer;
(4) Using a mask, hood or face covering in theatrical productions, including use in Mardi Gras celebrations or similar masquerade balls;
(5) Wearing a mask, hood or face covering prescribed for civil defense drills, exercises or emergencies; or
(6) Wearing a mask, hood or face covering for the sole purpose of protection from the elements or while participating in a sporting event.
(D) Penalties. Any person who violates the provisions of this section shall be guilty of a misdemeanor and shall be fined not more than two hundred-fifty dollars ($250.00) and/or imprisoned in the county jail for a period not to exceed ninety (90) days.
(Ord. 2005-07-21(G), passed 7-21-05)
(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ALCOHOL." Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced, containing alcohol spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes wither alone or when diluted, mixed, or combined with other substances.
"CONTROLLED SUBSTANCE." Any scheduled substance, including illegal street drugs, and prescription drugs used by those other than the prescription holder or by means other than the specified use of the medication.
"GUARDIAN."
(1) A person who, under court order, is the guardian of the person of a minor; or
(2) A public or private agency with whom a minor has been placed by the court.
"HOST." Someone who receives and entertains guests.
"KNOWINGLY." When, with respect to conduct or to a circumstance described by this section, a person is aware that his or her conduct is of that nature or that the circumstance exists.
"PARENT." A person who is a natural parent, adoptive parent, legal custodian, or step- parent of another person.
"PARTY, GATHERING OR EVENT." A group of persons who have assembled or are assembling for a social occasion or social activity.
(B) Hosting, permitting or allowing a party, gathering, or event where minors consuming alcohol and/or controlled substances prohibited. Except as permitted by the free exercise and enjoyment of religion, it shall be unlawful for any person to knowingly permit or allow a minor to use or consume alcoholic beverages and/or controlled substances at that person's place of residence or other private property, place, or premises under that person's control, or for that person to host a party, gathering, or event at that person's place of residence or other private property, place, or premises under that person's control where a minor or minors are present and using/consuming controlled substances and/or alcoholic beverages.
(C) Mandatory minimum fines.
(1) Notwithstanding any other provisions herein, violations of paragraph (B) shall be punishable, for a first offense, by a mandatory minimum fine of one hundred dollars ($100), with neither fine nor costs suspended, and, on second and subsequent offenses, by a mandatory minimum fine of two hundred dollars ($200), plus costs, with neither fines nor costs suspended.
(2) The Shelby County Attorney, in the name of the Commonwealth of Kentucky shall prosecute violations of this section and may recover the response costs associated with enforcement through all remedies or procedures provided by the statute, ordinance, or law. This section shall not limit the authority of peace officers to make arrests for any criminal offense arising out of the conduct regulated by this section, nor shall it limit the Commonwealth of Kentucky's ability to initiate and prosecute any criminal offense arising out of the same.
(Ord. 2013-06-04(A), passed 6-4-13) Penalty, see § 53.999
(A) In addition to any of the criminal penalties found elsewhere in this chapter, any person violating any of the provisions of this chapter shall be guilty of a civil offense and shall be fined one hundred dollars ($100.00) for each offense. Each day's violation shall constitute a separate offense.
(B) If the fine is uncontested and paid within seven (7) days, it shall be reduced to fifty dollars ($50.00) per offense.
(C) Violation of § 53.031 is a Class A Misdemeanor.
(Ord. 91-10-17, passed 10-17-91; Am. Ord. 97-01-02, passed 1-2-97; Am. Ord. 2000-04-06(D), passed 4-6-00; Am. Ord. 2003-07-17(B), passed 7-17-03; Am. Ord. 2013-06-04(A), passed 6-4-13; Am. Ord. 2013-06-20(A), passed 6-20-13)