§ 19-9. Certain conduct and activities in public parks prohibited; establishment and enforcement of rules and regulations in parks and other recreational facilities; suspension/revocation of park privileges.

(a)

Establishment and Enforcement of Park Rules and Regulations.

(1)

Establishment of Park Rules and Regulations. The parks and recreation director, subject to the approval of the city manager, is hereby authorized and directed to adopt any and all rules and regulations reasonable and necessary for the proper and orderly use of all city parks and other recreational facilities and shall post all duly adopted rules and regulations applicable to each city park or facility upon an appropriate sign conspicuously placed at each entrance thereto. In addition, a copy of said rules and regulations, may be amended from time to time, shall be lodged of record in the office of the city clerk, and shall be made available for public inspection during normal business hours at city hall, upon request. All rules and regulations pertaining to the use of city parks and other recreational facilities, duly adopted and promulgated as required herein, and as may be amended from time to time, are hereby adopted and incorporated herein by reference thereto. This subsection, and the rules and regulations adopted therein, shall be supplementary and in addition to all other requirements and prohibitions set forth in the Kentucky Penal Code and this Code pertaining to improper conduct and activities in city parks and other public places.

(2)

Enforcement of Park Rules and Regulations. The parks and recreation director, public works director and their designees in charge of the city's parks and recreational facilities shall enforce all park rules and regulations, and are hereby authorized, in their individual discretion, to temporarily suspend the privilege of any person or persons to use any one (1) or more of the city's parks or recreational facilities upon his or her determination, based on observation, reliable information or other probative evidence that said person or persons have violated one (1) or more laws, rules or regulations for the authorized use of city parks and recreational facilities. The suspension of the privilege to enter upon and use city parks and recreational facilities shall be effective immediately from and after oral notification to the person or persons involved by the parks and recreation director, the public works director or the supervisor or caretaker in charge of the park or recreational facility, and shall remain in effect for a maximum period of ninety-six (96) hours following the notice of suspension unless the privilege is further suspended or revoked as provided herein below. Any person or persons temporarily suspended under this section shall upon notification of suspension, immediately leave the premises of any city park and shall not return until said privilege has been reinstated as provided herein. Any person suspended under this section who refuses to leave a city park or other recreational facility shall be deemed to have committed a trespass and may be forcibly removed from the premises by a law enforcement officer and arrested, if necessary.

(b)

Unlawful Conduct or Violation of Rules and Regulations in City Parks; Authority of City Manager Regarding Suspension/Revocation of Privileges.

(1)

Authority of City Manager; Suspension/Revocation. The city manager, upon the recommendation of the parks and recreation director and/or the public works director, is authorized, in his sole discretion, to suspend and/or revoke temporarily (indefinitely) or permanently, the privilege of any person or persons to use any one (1) or more of the city's parks or recreational facilities if, upon review of all evidence relevant thereto, he finds by a preponderance of the evidence, that a person or persons have, while in a city park or other recreational facility, violated one (1) or more state or local laws or violated any rules or regulations governing the proper use thereof and determines that it is in the best interest of the city to suspend or revoke that person or persons' privileges.

(2)

Suspension/Revocation; Notice Requirements; Factors Considered. Prior to consideration of any recommendation regarding suspension or revocation in excess of ninety-six (96) hours, temporary or permanent, the city manager shall attempt to notify in writing the person or persons whose privileges may be suspended or revoked, if the identity and address of the person or persons are known or may be reasonably ascertained. The notice shall advise said person that a recommendation has been submitted to the city manager to suspend or revoke his or her privilege to enter upon and use a city park and/or other recreational facility, and shall advise said person that he or she has ten (10) days to "show cause" in writing why his or her park privileges should not be suspended or revoked as recommended. In rendering his decision, the city manager shall consider all relevant evidence, including any statements or evidence submitted by the person or persons whose privileges may be suspended or revoked. Within three (3) days of receipt of the parks and recreation director or public works director's recommendation, the city manager shall accept, reject or modify the recommendation regarding suspension or revocation, as he deems necessary and appropriate, and shall notify the parks and recreation director, the public works director and the person or persons whose privileges are subject to suspension or revocation, of his decision in writing. The suspension or revocation of the privilege to use city parks or recreational facilities shall be effective immediately from and after oral notification to the person involved by the city manager, parks and recreation director, public works director or any other designated employee of the city, or the mailing of the notice of suspension or revocation to the last known address of the person or persons thus offending, whichever occurs first. Notice of suspension or revocation shall include information and instructions regarding the appeal process set forth in subsection (d).

(3)

The city police department shall be notified of any and all suspensions or revocations under subsections (b) and (c).

(c)

Appeal Procedure. Any person aggrieved by a decision of the city manager under subsection (c)(1) of this section may appeal same to the board of commissioners by filing a written notice of appeal with the city clerk within ten (10) days after the decision is rendered. The appeal shall be heard within twenty (20) days after the notice of appeal is filed. The appeal shall be based solely on the record of evidence considered by the city manager in rendering his decision, except when the board of commissioners, in its sole discretion, requests additional evidence from interested parties or other witnesses.

(d)

Law Enforcement Authority; Penalties.

(1)

The police power of the city shall extend over and apply to all city parks and recreational facilities, now owned and hereafter acquired. In addition to any other criminal offenses and penalties provided by state law, it shall be unlawful for any person to violate any provision in this section or any rules and regulations governing the proper use of city parks and recreational facilities. Any person found to be in violation thereof, shall upon conviction thereof, be fined in an amount not to exceed two hundred and fifty dollars ($250.00).

(2)

It shall be unlawful for any person to enter upon, use or remain within any city park or other recreational facility in violation of any order of suspension or revocation issued under the provisions of this section to said person. Any person found to be in violation of a suspension or revocation shall, upon conviction thereof, be guilty of a misdemeanor and may be fined in an amount not to exceed five hundred dollars ($500.00) and/or sentenced to jail for a term not to exceed thirty (30) days, or both. In addition, violation of any order of suspension or revocation by any person thus offending shall constitute a trespass, and any and all members of local law enforcement agencies with proper jurisdiction are hereby authorized to forcibly remove from city parks or recreational facilities and arrest, if necessary, any person who violates any such suspension or revocation order and commits a criminal trespass.

(Ord. No. 8-2003, § 1, 2-4-2003; Ord. No. 3-2010, § 1, 2-2-2010; Ord. No. 28-2017, § 5, 10-17-2017 )