Offenses Against Municipal Regulations

(B)   Any person, firm, or corporation violating the provisions of this section shall, upon conviction, be deemed to have committed a violation and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each offense.  Further, any license that he holds for the operation of a public dance hall shall be revoked for a period of one year and he shall not be eligible to receive any license permitting the operation of a public dance for a period of one year from the date of the violation of this section.

(C)   All prosecutions under this section shall be barred by limitations unless they are instituted within six (6) months after the commission of the offense.
(Ord., passed 3‑9‑54; Am. Ord. 353, passed 5‑12‑87; Am. Ord. passed
10‑18‑89)

§ 130.04  PURCHASE, POSSESSION, OR SALE OF ALCOHOLIC BEVERAGES TO MINORS.

(A)   No individual under twenty‑one (21) years of age shall enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any alcoholic beverages or to enter or remain on any premises from which minors are forbidden under the statutes or alcoholic beverage control regulations of the state, for the purpose of possession, purchase or attempt to purchase or have another purchase for him any alcoholic beverages, or to misrepresent his age for the purpose of inducing any licensee or any employee of any licensee to sell or serve any alcoholic beverages to such under 21; and it shall be unlawful likewise for any person to aid or assist any minor in purchasing or having delivered or served to him or her any alcoholic beverages.

(B)   It shall be unlawful for any person under the age of twenty‑one (21) years to have in his possession alcoholic beverages.

(C)   It shall be unlawful for any retail dealer to sell, give, or permit any person under the age of twenty‑one (21) years alcoholic beverages.

(D)   A "warning to minors" sign shall be posted and remain posted in a prominent place on all premises licensed to sell alcoholic beverages at retail.

(E)   Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for the first offense, but for the second offense such person shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or confined in jail for a period of not more than thirty (30) days, or both.
(Ord.  passed 5‑9‑67)

§ 130.05  LOITERING; OBSTRUCTING PEDESTRIANS OR VEHICLES.

(A)   Except as provided in § 96.01(B), it shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in a manner so as to:

(1)   Obstruct any public street, highway, public sidewalk or any other public place or building by hindering or impeding or tend to hinder or impede the free and uninterrupted passage of vehicles, traffic, or pedestrians.

(2)   Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, highway, public sidewalk or any other public place or building, all of which prevent the free and uninterrupted ingress, egress, and regress, therein, and thereon.

(B)   It shall be unlawful for any person while upon any public street, highway or sidewalk, or while on any premises which are adjacent to or fronting upon any public street, highway, or sidewalk or any public place, building, alone and/or with others:

(1)   To race the motor of any motor vehicle, to suddenly start or stop any such motor vehicle or to make any loud or unseemly noise or to blow or cause to be blown any motor vehicle horn at any time unnecessarily.

(2)   Whether in or out of any motor vehicle, to drink or have in his possession any alcoholic beverage or controlled substance in any open bottle, can or other receptacle, except inside improvements on such premises and in such areas thereof as may be lawfully licensed and authorized for that purpose.

(3)   To operate a motor vehicle in, upon, or from, as to constitute continuous circling (cruising) such premises without parking such vehicle, unless there is no unoccupied such motor vehicle at such premises in the absence from the premises of the owner or operator of such vehicle, except with the knowledge and consent of the operator of the premises.

(C)   It shall be the duty of the operator of the premises located adjacent to or fronting on any public street, highway, or sidewalk or any public place or building who furnish parking for patrons to:

(1)   Post on the premises in a conspicuous location one or more signs bearing the following legend, "CRUISING IN OR CONGREGATING AND LINGERING OUTSIDE OF A MOTOR VEHICLE IS UNLAWFUL.  NO UNOCCUPIED VEHICLE MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE OPERATOR OF THESE PREMISES."  Failure of the operator to post such legend shall not operate or be construed to prevent the enforcement of the provisions of this section.

(D)   It shall be unlawful for the operator of such premises as described in subsection (C), to cause or permit or after notice to cause or permit the continuing of any of the acts or occurrences prohibited by this section.

(E)   When any person causes or commits any of the conditions enumerated in subsection (A); a police officer or any law enforcement officer may order that person to stop causing or committing such conditions and to move on or disperse.  Any person who fails or refuses to obey such orders shall be guilty of a violation of the section 

(F)   Within the meaning of this section when considered in its entirety, groups of three (3)or more persons congregating and lingering at such premises or in a legally parked motor vehicle at such premises, shall constitute a presumption of the violation of this section when considered with and in connection with surrounding circumstances.

(G)   Any person violating the provisions of this section for which no other penalty is provided, shall be guilty of a misdemeanor and shall be subject to a fine not exceeding one hundred dollars ($100.00) or by imprisonment, not exceeding thirty (30) days or both.  Any such violation shall constitute a separate offense on each successive day continued.
(Ord. 93, passed 6‑11‑74; Am. Ord. passed 4‑13‑76; Am. Ord. 724, passed 6‑26‑01)

§ 130.06  CURFEW FOR MINORS.

(A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"MINOR."  Any person under the age of eighteen (18).

"PARENT."  Any person having legal custody of a minor:

(1)   As a natural or adoptive parent; or

(2)   As a legal guardian; or

(3)   As a person who stands "in place of parents"; or,

(4)   As a person to whom legal custody had been given by Order of Court, or by another person(s) entity with the authority to grant or transfer legal custody.

As used herein, "CITY OF BARDSTOWN, KENTUCKY," or "CITY", shall include those areas located inside of the limits of said city.

"REMAIN."  To stay behind, to tarry, or to stay unnecessarily at, upon or in any public assembly, building, place, street or highway.

"ALLOW."  To either permit or neglect to prevent with actual or constructive knowledge.  Knowledge will be presumed if the circumstances be such that a reasonably prudent parent should have known the child was violating this section.

(B)   (1)   It shall be unlawful for any person under the age of eighteen (18) to be or remain at, in or upon any public assembly, building, place, street, or highway within the city at night during the following periods:

1:00 a.m. to 6:00 a.m. Saturday
1:00 a.m. to 6:00 a.m. Sunday
11:00 p.m. Sunday to 6:00 a.m. Monday
11:00 p.m. Monday to 6:00 a.m. Tuesday
11:00 p.m. Tuesday to 6:00 a.m. Wednesday
11:00 p.m. Wednesday to 6:00 a.m. Thursday
11:00 p.m. Thursday to 6:00 a.m. Friday

(2)   It shall be unlawful for any parent of a minor to allow such minor to be or remain at, in or upon a public assembly, building, place, street, or highway in the city under circumstances not constituting an exception as enumerated in subsection (C) during the time periods contained in subsection (1) of this paragraph (B).

(C)   In the following exception cases a minor found at, in or upon any public assembly, building, place, street, or highway in the city during the nocturnal hours provided for in subsection (B) shall not be considered in violation of this section:

(1)   When the minor is accompanied by a parent.

(2)   When the minor is accompanied by an adult who has been authorized by a parent of such minor.

(3)   When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where and in what manner said minor will be exercising such First Amendment rights.

(4)   In case of reasonable necessity but only after such minor's parent has communicated to the Police Department in writing the facts establishing such reasonable necessity; if, in the judgment of the highest ranking police officer available at the time of a suspected violation of this ordinance, reasonable necessity is not established, a violation will be determined to have occurred.

(5)   When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next‑door neighbor who has not communicated an objection to a police officer or the police department.

(6)   When returning home, by a direct route from, and within one hour of the termination of, a school activity, or any activity of a religious or other voluntary association, provided that justification indicating the place and time of termination of said event can be given to and verified by any investigating officer of the police department.

(7)   When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform.

(8)   When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver.

(D)   (1)   A police officer upon finding or being notified of any minor at, in or upon any public assembly, building, place, street, or highway whose parent is believed to be in violation of this Ordinance may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian, or person having legal custody.

(2)   If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor's parent, and then either take the minor home or direct the minor to proceed immediately to his home.
(Ord. 581, passed 4‑25‑95)

§ 130.07  SOLICITING; COLLECTING FUNDS.

(A)   It shall be unlawful for any person to stand in the street or highway right‑of‑way within the city limits of the city for the purpose of soliciting or collecting funds, or selling any product or service to passing motorists.

(B)   Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00), nor more then five hundred dollars ($500.00).  Each separate occurrence or each day such violation is committed shall constitute a separate offense.
(Ord. 647, passed 5‑12‑98)

§ 130.08  CONCEALED DEADLY WEAPONS IN CITY BUILDINGS AND PREMISES PROHIBITED.

(A)   No unlicensed person and no person duly licensed pursuant to statute, may carry a concealed deadly weapon in buildings or protions of buildings or in or upon any recreational premises owned, operated or leased or which is controlled by the city, except as exempted in (1) below.