131. PROHIBITING THE WEARING OF HOODS AND MASKS 132. REGULATING THE USE OF FIRE AND/OR POLICE ALARMS

Transcription

1 TITLE XIII: GENERAL OFFENSES Chapter 130. OFFENSES AGAINST MUNICIPAL REGULATIONS 131. PROHIBITING THE WEARING OF HOODS AND MASKS 132. REGULATING THE USE OF FIRE AND/OR POLICE ALARMS 133. REQUIREMENTS FOR PUBLIC DISPLAY, SALE, POSSESSION, TRANSPORTATION AND USE OF FIREWORKS & PYROTECHNIC ARTICLES S-2

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3 CHAPTER 130: OFFENSES AGAINST MUNICIPAL REGULATIONS Section Curfew Air or spring guns Flourishing; firing deadly weapon CURFEW. (A) Curfew for minors. (1) It is a curfew violation for a child 13, 14, 15, 16, or 17 years of age to be in a public place: (a) (b) (c) After l:00 a.m. and before 5:00 a.m. on Saturday or Sunday; After midnight on Sunday, Monday, Tuesday, Wednesday, or Thursday; or Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday. (2) It is a curfew violation for a child under 13 years of age to be in a public place after 10:00 p.m. or before 5:00 a.m. on any day. (B) Exemptions. This section does not apply to a child who is: (1) Accompanied by his/her parent, guardian, or custodian; (2) Accompanied by an adult specified by his/her parent, guardian, or custodian; (3) Carrying out an errand or other lawful activity as directed by his/her parent, guardian, or custodian; or (4) Participating in, going to, or returning from: (a) (b) Lawful employment; or A lawful athletic, educational, entertainment, religious, or social event. (C) Authority of police during curfew hours. (1) Any police officer may stop and question any minor suspected of violating this section's provisions and may take the minor into custody when found violating provisions of this section. The officer shall take the minor to the city police headquarters where the name of the minor's parent, guardian, or person having legal custody of him/her shall be ascertained. 3

4 4 Elizabethtown - General Offenses (2) The parent, guardian, or person having legal custody shall be notified of the child's detention as required by KRS and summoned by the investigating officer to appear at police headquarters to assist in the completion of the investigation. If the parent, guardian, or person having legal custody fails to appear within two hours from the time the child was taken into custody, the investigating officer shall follow the requirements set forth in KRS Chapter 610 and other applicable provisions of the State Unified Juvenile Code, regarding detention or release of the child. (3) Unless the nature of the offense or other circumstances are such as to indicate the necessity of keeping the child in secure custody, the officer shall release the child to the custody of his/her parent, guardian, person having legal custody, or other responsible adult. (4) If the investigating or apprehending officer is satisfied that a violation of division (A) of this section has occurred, he/she shall cause formal charges to be filed requiring the child and his/her parent, guardian, or person having legal custody to appear in the appropriate court to answer the charge of a violation of division (A). (5) If formal charges are to be brought, before a child is released to the custody of a parent, guardian, person with legal custody, or other responsible adult, the investigating officer shall obtain a written promise signed by such person that the person will bring the child to the court at the stated time or at such time as the court may order. The written promise, along with the written report of the investigating officer, shall be submitted to the court as required by KRS (D) Any child violating division (A) of this section shall be subject to the procedures and penalties provided for by the State Unified Juvenile Code. Any parent, guardian, or person having legal custody of a child who violates any provision of division (A) of this section may be subject to the financial penalty provided for in KRS AIR OR SPRING GUNS. It shall be unlawful for any person to discharge within the city any BB gun, air rifle or other weapon having as its propelling force a compressed air, gas or spring mechanism. ('73 Code, 15-5) (Ord., passed ) Penalty, see FLOURISHING; FIRING DEADLY WEAPON. (A) It shall be unlawful for any person or group of persons to: (1) Flourish a deadly weapon or firearm within the city limits. (2) Discharge or fire any firearm or deadly weapon within the city limits except at a facility designed for the discharge of such weapons specifically approved by the city, and operated under standard operating procedures. (B) For the purpose of this section, FIREARM shall mean any weapon which will expel a projectile by the action of an explosive. ('73 Code, ) (Ord., passed ) Penalty, see S-1

5 CHAPTER 131: PROHIBITING THE WEARING OF HOODS AND MASK IN PUBLIC PLACES Section Purpose and Findings Definitions Wearing Hoods or Masks in a Public Place Exemptions Penalties PURPOSE AND FINDINGS. The government of the City of Elizabethtown exists to serve equally all of its citizens and to protect all of its citizens from crimes and inciteful disturbances. (Ordinance No , passed April 16, 2001) DEFINITIONS PUBLIC PLACES All walks, alleys, streets, 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 or operated for the use of organizations enjoying all tax-exempt privileges as a charitable use. (Ordinance No , passed April 16, 2001) WEARING HOODS OR MASKS IN A PUBLIC PLACE No group of three or more persons shall, while wearing any hood, mask or device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, enter, be or appear in any public place within the City of Elizabethtown. (Ordinance No , passed April 16, 2001) EXEMPTIONS The following are exempted from the provision of Section 2 of this Ordinance: (a.) Any person under sixteen years of age; (b.) Any person using masks in theatrical productions including use in Mardi Gras celebrations and masquerade balls; (c.) Any person lawfully engaged in trades or employment or in a sporting activity where a mask or facial covering is worn for the purpose of ensuring the physical safety and physical protection of the wearer, or because of the nature of the occupation, trade or professional or sporting activity; and (d.) Any person wearing a gas mask in drills, exercises or emergencies. (Ordinance No , passed April 16, 2001) PENALTIES Any person who violates Section of the Ordinance shall be guilty of a misdemeanor, and shall be fined no more than One Hundred Dollars ($100.00) and/or imprisoned for no longer than fifty (50) days. (Ordinance No , passed April 16, 2001) 2001-S-5 5

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7 CHAPTER 132: REGULATING THE USE OF FIRE AND/OR POLICE ALARMS Section Definitions Unlawful false alarms; notice and duty to inspect, repair and initiate training after five preventable false alarms Fines/Civil Penalties Severability Clause DEFINITIONS FALSE ALARMS The activation of any mechanical, burglary, robbery, security or fire alarm system for the purpose of summoning police and/or fire personnel, or which causes one or more police or fire personnel to be dispatched or summoned to a particular location within the City, when, in fact, no crime, fire, or other emergency has, or is being attempted or committed, on the premises. PREVENTABLE FALSE ALARM The careless activation of any police security or fire alarm by any individual, or activation of any police security or fire alarm system proximately caused by the failure of the owner, lessee,, operator, or occupant, or their contractor or agent, to properly design, install or reasonably maintain the security or alarm system in a safe operating condition. Police security or fire alarms shall not be deemed a preventable false alarm in violation of this article if it is determined by the Chief of Police, Chief of the Fire Department, or their designee, that the alarm was caused by: 1. A act of vandalism causing physical damage to the premises; 2. Alarms occurring during electrical storms, tornadoes, blizzards, or other acts of God where there is evidence of damage or disruption to the alarm system; 3. Electrical power or telephone circuit disruption beyond the control of the alarm company and/or user; or 4. Any and all other acts or omission by persons, or events beyond the reasonable control of the owner, lessee, operator or occupant of the premises and the security alarm system (Ord , passed ) UNLAWFUL FALSE ALARMS; NOTICE AND DUTY TO INSPECT; REPAIR AND INITIATE TRAINING AFTER FIVE PREVENTABLE FALSE ALARMS A. Prohibition; Preventable False Alarms. It shall be unlawful for any person to activate, initiate, transmit or otherwise cause, authorize or allow more than five (5) preventable false alarms at the same location within a six (6) month period. B. Notice and Corrective Action Requirement. 1. If the police or fire department, through their respective designees, have probable cause to believe that five (5) preventable false alarms have occurred at the same location within a six (6) month period, the chief of the respective department, or his designee, shall within forty-eight (48) hours of having established probable cause, notify the property owner or other entity, user or person in charge of the alarm system, in writing (by delivering said notice in person or by certified mail, return receipt requested), of the nature and number of preventable false alarms that have occurred to date, including a brief description of the date and circumstances of each preventable false alarm, and shall further advise the property owner, entity, user, or person in control of the alarm system, that any additional preventable false alarms after this period of correction provided in (B)(2) shall constitute a violation of this article for which the offender may be subject to prosecution or civil penalty. Therefore, a compliance status with zero (0) preventable alarms shall be maintained for at least six (6) months to avoid additional penalty S-2 7

8 8 Elizabethtown - General Offenses 2. Duty to inspect and repair. Upon written notification from the police or fire department, through their respective designee, of the occurrence of five (5) preventable false alarms within a six (6) month period, the property owner, entity, user or person in control of the police or fire security alarm system in question, shall have the alarm system inspected by a representative of the manufacturer of the alarm system or a qualified and reputable representative of a fire and security alarm system dealer, to determine if the false alarms are the result of mechanical failure, malfunction, improper design, installation, lack of proper maintenance or human error due to carelessness or lack of training. The inspection report shall note any and all deficiencies believed to exist in the professional opinion of the qualified inspector, and what repairs or other corrective action the inspector believes is required to render the alarm system safe, operational and functional in relation to the type of property or business it was designed and intended to secure. It shall be the responsibility of the property owner, entity, user or other person in control of the alarm system to make the necessary repairs and/or take any and all other remedial measures reasonably identified and required by the qualified inspector, and to submit a copy of the inspection report along with written proof of the repairs and/or remedial action taken to correct any malfunctions or deficiencies identified in the alarm system to the police or fire department from whom the original notice was received, within fourteen (14) days of receipt of the formal notification required in subsection (B)(1) hereinabove. 3. Duty to train and provide orientation to employees and occupants. Upon written notification from the police or fire department, through their respective designee, of the occurrence of five (5) preventable false alarms within a six (6) month period, the property owner, entity, user or person in control of the police or fire security alarm system in question, shall provide system operation instruction to all system operators or potential authorized users of the premises, and shall provide written documentation of the training to the police or fire department from whom the original notice was received, within fourteen (14) days of receipt of the formal notification required in subsection (B)(1) hereinabove. C. A false alarm shall not be deemed a preventable false alarm under the prohibition in subsection (A) of this section if it occurs at a location for which the property owner, entity, user or person in control of the alarm system has been formally notified to inspect and repair any malfunctions or deficiencies in accordance with subsection (B)(1) and (2) as set forth hereinabove; provided, that the false alarm occurs within the time period prescribed for the alarm system to be inspected and repaired, if necessary. (Ord , passed ) FINES/CIVIL PENALTIES Any person found to be in violation of any section of this ordinance shall be guilty of a misdemeanor and upon conviction thereof for each offense, shall be punished by a fine not to exceed five hundred dollars ($500.00). As an alternative to, or in conjunction with, the penalties set forth herein, any person found to be in violation of this article may also be assessed a civil penalty not to exceed five hundred ($500.00), payable to the City of Elizabethtown within twenty (20) days of the issuance of the citation. Civil penalties not paid within the time prescribed herein may be recovered by the City in a civil action, in the same manner provided for the collection of a civil debt. (Ord , passed ) (Am. Ord , passed ) The enforcing agency, department or individual may choose to seek enforcement through the Code Enforcement Board enacted on the 30 th day of April, 2003, by Ordinance No (Ord , passed ) SEVERABILITY CLAUSE If any portion of this Ordinance is declared null and void, the remaining provisions will remain in full force and effect. (Ord , passed ) 2005-S-2

9 CHAPTER 133. REQUIREMENTS FOR PUBLIC DISPLAY, SALE, POSSESSION, TRANSPORTATION AND USE OF FIREWORKS AND PYROTECHNIC ARTICLES Section Sale of Fireworks Age Restrictions Purchasing, Possession, Transport Age Restrictions Selling, Handling Sales Restricted to Retail Only Public Fireworks Display Training Contraband (KRS ) State Law Affirmed Penalties Severability SALE OF FIREWORKS. No fireworks shall be offered for sale within the city limits of Elizabethtown unless they comply with the definition of consumer fireworks as defined by the Consumer Product Safety Commission (Title 16 CFR Parts 1500 and 1507) and the Bureau of Alcohol, Tobacco and Firearms (Title 27 CFR Part ). However, no consumer fireworks shall be offered for sale unless they comply with provisions of KRS Chapter 227. (Am. Ord. No , passed ) AGE RESTRICTION PURCHASE, POSSESSION, TRANSPORT. No person under the age of 16 shall purchase, possess, use or transport consumer fireworks (as defined in Section except in the presence of a responsible adult AGE RESTRICTION SELLING, HANDLING. No person under the age of 18 shall sell or otherwise handle fireworks for sale or transport. No person under the age of 18 shall visit and remain in a fireworks stand or storage facility as a family member or friend of an employee SALES RESTRICTED TO RETAIL ONLY. No person shall offer fireworks at wholesale, or as a dealer, or jobber, with the city limits of Elizabethtown, except as provided for in KRS Chapter 227. In addition to any permit or registration fee required by the State of Kentucky, the City of Elizabethtown will require a $ permit fee for the issuance of certificate of occupancy to any temporary consumer fireworks retail sales facility as defined in NFPA 1124 (Chapter , 2006 edition). (Am Ord. No , passed ) 2010-S-1 9

10 10 Elizabethtown - General Offenses PUBLIC FIREWORKS DISPLAY. No person shall conduct a public fireworks display without obtaining the requisite permit from the Sate Fire Marshal s Office in accordance with KRS Chapter 227. Public fireworks display shall be defined as any display of fireworks at a public area or as any display of consumer or display fireworks at a private location if the fireworks are other than those approved by section of this section. The request for signature by the local Fire Chief shall be accompanied by a $ permit fee, and a permit shall only be issued if the conditions of KRS , KRS and NFPA 1123 (most current edition) have been met in total. (Am. Ord. No , passed ) TRAINING. Only persons certified through attendance at a locally recognized training program, or other program acceptable to the city Fire Marshall, will be designated a competent operator and thus allowed to supervise a public fireworks display. All display assistants shall be trained in the duties they are to perform, be under the direct supervision of the competent operator, and be at least 18 years old. Renewal of certification shall be automatic upon proof of actively participating in at least three (3) outdoor fireworks displays during the previous four (4) years. (Am. Ord. No , passed ) CONTRABAND (KRS ). Any law enforcement officer, or designated Elizabethtown Fire Department officer, shall be legally authorized to confiscate fireworks defined in state law as contraband (KRS ) STATE LAW AFFIRMED. All provisions of Kentucky State Law regarding the sale and use of fireworks shall continue in force and effect except as modified through enactment of this section PENALTIES. Any person violating this section may be cited for a civil offense pursuant to the Code Enforcement Board Ordinance and Fine Schedule. Each day of violation may be considered a separate occurrence. The civil fine shall be paid directly to the City of Elizabethtown. If the fine is not paid within thirty (30) days from the date of notification, then the City may recover said fine in a civil action in a court of proper jurisdiction. The City may also obtain injunction or abatement order to insure compliance with this section. The citing officer may at his or her discretion cite the offender to appear before the Code Enforcement Board (Ord. # ) SEVERABILITY. If any section, paragraph, clause or provision of this section shall be held invalid or ineffective for any reason, the remainder hereof shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this section would have been adopted despite the invalidity of such section, paragraph, clause or provision S-1