HomeMy WebLinkAbout2009-OR-202009-OR- ~ 2 ~
An Ordinance Establishing Safety Guidelines
For Thunder Over Louisville
WHEREAS, the Jeffersonville City Council is obligated to enact ordinances that
promote the safety and welfare of the community;
WHEREAS, for the previous sixteen (16) years the Kentucky Derby Festival has
sponsored an event commonly known as "Thunder Over Louisville". This event has
traditionally involved an air show followed by fireworks;
WHEREAS, the popularity of this event has grown immensely and as a result
several hundred thousand people have lined the river front on both sides of the Ohio
River to enjoy this spectacle;
WHEREAS, individuals come to Jeffersonville to enjoy the event however, many
times they bring items with them into the event area that are dangerous, disruptive,
destructive and sometime potentially deadly;
WHEREAS, it is the desire of the Jeffersonville City Council to ensure the safety
and well being of all of those citizens and visitors who attend the event and in order to
achieve this goal the City Council adopts the following "Thunder Over Louisville" safety
ordinance;
THEREFORE, BE IT ORDAINED THAT:
SECTION ONE: Definitions:
"Event Area" shall mean that area bordered on the south by the
Ohio River; bordered by the north by Highway 62 and bordered by
the west by the Town of Clarksville and bordered on the east by
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"Pets" shall mean all breeds of dogs, cats, reptiles, mammals such
as ferrets, snow monkeys, Vietnamese Pigs, and/or any and all
other domesticated animals that are normally maintained by a
human being who asserts ownership thereof;
"Weapons" shall mean (1) A loaded or unloaded firearm.
(2) A destructive device, weapon, device, taser (as defined in IC
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35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1).
equipment, chemical substance, or other material that in the
manner it is used, or could ordinarily be used, or is intended to be
used, is readily capable of causing serious bodily injury.
(b) The term does not include:
That substance more commonly referred to as mace or pepper
spray so long as it is possessed for the sole purpose of self
defense.
"Drug paraphernalia" shall mean: an instrument, a device, or
other object that is intended to be or that is designed or marketed
to be used primarily for:
(1) ingesting, inhaling, or otherwise introducing into the human
body marijuana, hash oil, hashish, or a controlled substance;
(2) testing the strength, effectiveness, or purity of marijuana, hash
oil, hashish, or a controlled substance;
(3) enhancing the effect of a controlled substance;
(4) manufacturing, compounding, converting, producing,
processing, or preparing marijuana, hash oil, hashish, or a
controlled substance;
(5) diluting or adulterating marijuana, hash oil, hashish, or a
controlled substance by individuals;
SECTION TWO: No person shall be permitted to maintain or possess the following
items during "Thunder Over Louisville" in the event area as defined
herein:
A. Pets;
B. Drug paraphernalia;
C. Weapons;
D. Glass Bottles or Glass Containers;
E. Alcoholic Beverages;
F. Silly String and/or any other amusement devices that are
packaged in canisters and/or aerosol cans; and
G. Noxious Gases;
SECTION THREE: This Ordinance is not intended to limit the use of any and/or all
of those items set forth above so long as same are utilized,
used and maintained upon private property and those
individual utilizing same shall have the permission of the
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owner of said property and/or shall have a contractual interest
in the use thereof;
SECTION FOUR: This ordinance shall only be applicable on the Saturday designated
by the Kentucky Derby Festival as "Thunder Over Louisville". This
ordinance shall be in effect from 12:01 a.m. until 11:59 p.m. on said
date;
SECTION FIVE: Violation of this ordinance shall result in a fine of not more than
Two Thousand Five Hundred Dollars ($2,500) nor less than One
Hundred Dollars ($100) for each incident;
Distribution of any of those prohibited items shall result in a fine of
not more than Two Thousand Five Hundred Dollars ($2,500) nor
less than One Hundred Dollars ($100) for each incident;
SECTION SIX: Severability Clause:
Should any section, paragraph, sentence, clause or phrase of this ordinance, or
its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be
preempted by state or federal law or regulation, such decision or preemption shall
not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
This Ordinance shall be in full force and effect from and after its passage and
Voted Against:
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approval and proper advertisement.
Passed th
Attest:
~•3 day of ~ / /~t ~ t 2009.
Thomas Gal`ii'Iga
Pegglder, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
City of Jeffersonville, Indiana on this ~ ~ day of (, 2009.
Pegg Ider, Clerk-Treasurer
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