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TITLE XIII: Genreal Offenses

TITLE XIII: GENERAL OFFENSES

 

 

Chapter

 

130.        GENERAL OFFENSES

 

131.        OFFENSES AGAINST PUBLIC PEACE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 130: GENERAL OFFENSES

 

 

Section

 

130.01    Use of air rifles, BB guns, or sling shots prohibited

 

 

Discharge of Firearms

 

130.10    Prohibition

130.11    Definitions

130.12    Exceptions

 

130.99    Penalty

 

 

' 130.01 USE OF AIR RIFLES, BB GUNS, OR SLING SHOTS PROHIBITED.

 

(A)  It shall be unlawful for any person to use, discharge, fire, or shoot any air rifle, air gun, BB gun, blow gun, force gun, pump gun, or sling shot within the limits of the city, either upon the public ways or streets or upon any private property or at any place whatever within the limits of the city.

 

(B)  It shall be unlawful for any parent, guardian, person standing in loco parentis, or other person exercising control, or having the right to exercise control, over any minor, to permit or allow such minor to violate the provisions of this section.

(Ord. passed 4‑4‑44) Penalty, see ' 10.99

 

 

DISCHARGE OF FIREARMS

 

 

' 130.10 PROHIBITION.

 

It shall be unlawful for any person to discharge a firearm within the city.

(Ord. 96‑4, passed 5‑21‑96)

 

 

' 130.11 DEFINITIONS.

 

As used in this subsection, the following words and phrases shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

 

CITY. The City of Russellville.

 

FIREARM. Any weapon, whether loaded or unloaded, which will expel a projectile by the action of

an explosive and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun,

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machine gun. Any weapon which can be readily made into a firearm by the insertion of a firing pin, or other similar thing in the actual possession of the actor or an accomplice, is a firearm.

(Ord. 96‑4, passed 5‑21‑96)

 

 

' 130.12 EXCEPTIONS.

 

It shall not be a violation of this subsection to discharge a firearm under the following conditions:

 

(A)  In the protection of life or property;

 

(B)  By law enforcement officers in the performance of their duties;

 

(C)  At an established firing range or at an educational program properly supervised;

 

(D)  At military functions or special events, such as parades and funerals, by firing blank cartridges;

 

(E)  In connection with the operation of a lawful, licensed business; or

 

(F)  For hunting purposes, provided all state and federal regulations are being complied with.

(Ord. 96‑4, passed 5‑21‑96)

 

 

' 130.99 PENALTY.

 

Any person, firm or corporation violating any provision of this subsection shall be fined not less than five dollars ($5.00) nor more than Five Hundred Dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. 96‑4, passed 5‑21‑96)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER 131: OFFENSES AGAINST PUBLIC PEACE

 

 

Section

 

Curfew for Minors

 

131.01 Definitions

131.02 Curfew established

131.03 Parental responsibility

131.04 Exceptions

131.05 Police enforcement

 

131.99 Penalty

 

 

CURFEW FOR MINORS

 

' 131.01 DEFINITIONS.

 

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

 

ALLOW. Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonable prudent parent or guardian should have known the child was violating this section.

 

MINOR. Any person under the age of 16, or, as may be otherwise phrased, any person of the age of 15 or under.

 

PARENT. Any person having legal custody of a minor:

 

(1)  As a natural or adoptive parent;

 

(2)  As a legal guardian;

 

(3)  As a person who stands "in loco parentis"; or

 

(4)  As a person whom legal custody has been given by Order of Court.

 

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

(Ord. 95‑6, passed 5‑16‑95)

 

 

 

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' 131.02 CURFEW ESTABLISHED.

 

It shall be unlawful for any person under the age of 16 to be, or remain in or upon any public assembly, building, place, street or highway within the city at night during the following periods:

 

12:00 midnight to 6:00 a.m. Saturday

12:00 midnight 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

(Ord. 95‑13, passed 8‑22‑95)

 

 

' 131.03 PARENTAL RESPONSIBILITY.

 

It shall be unlawful for any parent or guardian having legal custody of a minor to allow the minor to be or remain in or upon a public assembly, building, place, street, or highway in the city under circumstances not constituting an exception as enumerated in ' 131.04 during the time periods contained in ' 131.02. 

(Ord. 95‑13, passed 8‑22‑95)

 

 

' 131.04 EXCEPTIONS.

 

In the following exceptional cases a minor in or upon any public assembly, building, place, street, or highway in the city during the nocturnal hours provided for in ' 131.02 shall not be considered in violation of this section:

 

(A)  When the minor is accompanied by a parent or guardian.

 

(B)  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 the minor specifying when, where, and in what manner the minor will be exercising his First Amendment rights.

 

(C)  In case of reasonable necessity but only after the minor's parent has communicated to the Police Department the facts establishing the reasonable necessity.

 

(D)  When the minor is on the sidewalk of the place where the 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.

 

(E)  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 the event can be given to any investigating officer of the police department.

 

 

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(F)  When authorized by regulation issued by the Mayor in cases of reasonable necessity involving more minors that may reasonably be dealt with on an individual basis. This regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulatioon shall define the activity, the scope of the use of the public assembly, building, place, street, or highway permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary. The Mayor shall notify the police department of said information.

 

(G) When engaged in a business or occupation which the laws of Kentucky authorize a person under 16 years of age to perform.

 

(H)  When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the city for the purpose of passing through, by direct route, from one location to another either within or out of the city, including all minors that may also be within the vehicle.

(Ord. 95‑13, passed 8‑22‑95)

 

 

' 131.05 POLICE ENFORCEMENT.

 

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

 

(B)  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, guardian, or person having legal custody and then either take the minor to his home or direct the minor to proceed immediately to his home or take the minor to a temporary facility as permitted by law.

(Ord. 95‑13, passed 8‑22‑95)

 

 

 

' 131.99 PENALTY.

 

Any parent, guardian, or person having legal custody allowing a minor to violate ' 131.02 shall be guilty of a misdemeanor and shall be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a period not to exceed six (6) months or both.

(Ord. 95‑13, passed 8‑22‑95)

 

 

 

 

 

 

 

 

 

 

 

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