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Bellevue Kentucky violation of KRS 65.870

hotrod

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KC3 has found that Bellevue KY has an ordinance that prohibits weapons on public property during Riverfest. This ordinance has been on the books since 1999. We are currently addressing this issue. If anyone carries at Riverfest this year and has any problems, please let us know. The ordinance is in violation of KRS 65.870 and KC3 will do what is necessary to see this ordinance is repealed.
 

gutshot II

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KC3 has found that Bellevue KY has an ordinance that prohibits weapons on public property during Riverfest. This ordinance has been on the books since 1999. We are currently addressing this issue. If anyone carries at Riverfest this year and has any problems, please let us know. The ordinance is in violation of KRS 65.870 and KC3 will do what is necessary to see this ordinance is repealed.

That Bellevue city ordinance is Ordinance 99-7-1 and can be seen by clicking Chapter 100 in the column on the left and then scrolling down to Section 100.19 here:
http://library.amlegal.com/nxt/gateway.dll/Kentucky/bellevue_ky/bellevuekentuckycodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:bellevue_ky

Notice the penalty for violations of this ordinance in Section 100.99 of that same page. It is a Class B misdemeanor subject to a penalty of 90 days in jail and a $250 fine.

Violations of KRS 65.870 can be a Class A misdemeanor with a penalty of up to a year in jail and a $500 fine. I wonder which of those two penalties is more likely to actually be imposed by a court.
 

color of law

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All those walks at RIVERFEST on the Ohio side of the river needs to be shifted to Bellevue KY. side of the river if they don't get it off their books. They don't have much time.
 

gutshot II

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I would like to know where the "Riverfest Event Area" is.
I was stopped 5 yrs ago doing Rivefest. see https://www.youtube.com/watch?v=AicKHgI1Ga0.
Must of been outside of the area:banana:


Mike D

Mike, the declaration and establishment of the "Riverfest Event Area" is in Section 100.02 at the same link that is in my previous post.

Here is a copy and paste of it:


Bookmark§ 100.02 DECLARATION OF EVENT AREA.
A Riverfest event area is hereby established and consists of all public parks in the city, and all privately owned parking lots that are open to the public, and all public walkways, public parking lots, public thoroughfares, alleys, streets, publicly owned river banks, and real property under the ownership or control of the city or any of its agencies located within any NC, NC-2, SC, I-1 or MLU zone located within the city.
(Ord. 99-7-1, passed 8-18-99)
 

BB62

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KC3 has found that Bellevue KY has an ordinance that prohibits weapons on public property during Riverfest. This ordinance has been on the books since 1999. We are currently addressing this issue. If anyone carries at Riverfest this year and has any problems, please let us know. The ordinance is in violation of KRS 65.870 and KC3 will do what is necessary to see this ordinance is repealed.
Just when I thought that gutshot II and poetdante had everything taken care of in the Commonwealth...

;);)
 

gutshot II

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Has Bellevue (and maybe Newport) been officially informed by KC3 that they're in violation of KY law?

Newport? Why would KC3 want to "inform" Newport of anything? Is Newport in violation of the gun laws of KY? If they are, please let me know that they are and in what manner they are in violation. How about a link?
 

BB62

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Newport? Why would KC3 want to "inform" Newport of anything? Is Newport in violation of the gun laws of KY? If they are, please let me know that they are and in what manner they are in violation. How about a link?
Newport PD stopped the fellow in the video linked a few posts above: https://www.youtube.com/watch?v=AicKHgI1Ga0

So... back to my question - has KC3 formally informed Bellevue of their law violation?
 

gutshot II

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Just when I thought that gutshot II and poetdante had everything taken care of in the Commonwealth...

;);)

Everything is far from "taken care of". The Commonwealth still has lots of violations. I suspect there are hundreds of them, but the problem is how to find them. Hundreds of them probably exist in rural volunteer fire depts., water districts, county libraries, regional transit authorities, public park systems etc. etc. etc............ Most of the people in charge of these places have no idea what their rules say and no idea that the law prohibits them from banning guns. The issue is not anywhere on their radar and they have no interest in it, pro or con. They certainly, don't know that it would be a criminal act to have such a rule. They would be astonished to learn that and most would not believe it without some solid proof. I spend a lot of time just looking for them. It is a relief that they are getting harder to find. Just a few years ago you could find them easily, but they have thinned out. It is really generous of places like Bellevue to put their crimes on the internet to be found by everybody, but most places are not so accomodating and the smaller places have no web sites at all. How do you find a preemption violation when the rules are not even written down? Most of the things we get now are because some local person brings it to us. Often it is not in writing and that makes things difficult. Not everyone cares when their publc employer tells them that they can't carry a gun at work or their local park has "No Guns" signs up and if they do care, they have never heard of KC3 and don't know what to do with the information.

There are over 400 cities in Ky. and 120 counties. Each of those has dozens of agencies, commissions and depts. On top of that there are all the special districts (nobody know how many of those are in Ky. I mean that literally. There is no listing of them because there is no agency that regulates them) and authorities.
 
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gutshot II

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Newport PD stopped the fellow in the video linked a few posts above: https://www.youtube.com/watch?v=AicKHgI1Ga0

So... back to my question - has KC3 formally informed Bellevue of their law violation?

That "violation" is several years old. I suspect that Newport has been "notified" of that violation several times by now. If anyone can point to any "current" violation or "current" policy of the City of Newport, I will be glad to pursue it. So, once again, I ask you, is Newport currently in violation of any state gun laws, if so, send me a link.

Whatever is happening or not happening between KC3 and anybody else will be made public when it is appropriate. There will be no "leaks" to the public before the KC3 board has decided that it is in the best interest of the organization and its members to do so.
 
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hotrod

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Riverfest

I will be carrying at Riverfest in Bellevue, KY. I hope others will give a little walk around the park etc. during the event. Just for the record, yes, KC3 is working to fix Bellevue's oversight and Bellevue knows of the concerns.
 

ps1mhd

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sparta ky
The Newport stop was because the cops did not know the law.
Not the city. He made a call and let me go.

Mike D
 

ps1mhd

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sparta ky
I will be carrying at Riverfest in Bellevue, KY. I hope others will give a little walk around the park etc. during the event. Just for the record, yes, KC3 is working to fix Bellevue's oversight and Bellevue knows of the concerns.

I plan on it. Mid to late after noon.

Mike D
 

Brian D.

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Cincy area, Ohio, USA
I know roughly where Bellevue's city limits are along the Ohio River. By the time you get to the eastern boundary, just east of Bellevue Beach Park, there isn't that great a view of the fireworks, and there are spots where you can't get that close to the water anyhow. GutshotII, I read the entirety of their Riverfest related ordinances before composing my thoughts and posting in here, by the way. I spend some time in Bellevue and can perhaps help with logistics if there's going to be an event organized by folks on this board. Off the top of my head, finding parking that day would be a real logistical problem.

As a side note, Bellevue must have had a graffiti problem in Bellevue Beach Park. They have a sign prohibiting "paints, markers, and all similar items" from being possessed there. It is truly that vague; makes it sound like a six year old who lived across the street couldn't bring a coloring book and crayons, or a sketch artist his/her chalk or pencils. Doing office paper-and ink work there would be illegal, going by the way the sign is written. Words do mean things.

I just now found the ordinance concerning "tools of graffiti". (130.03) It actually spells out things in a clear fashion, there are numerous exceptions. But for an officer who goes only by what the sign says, and/or what he's been inaccurately told by superiors, little Jimmy might get busted for having his coloring book and crayons in the park. Again, just making a general statement about our daily interactions with the legal system.
 
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hotrod

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Riverfest

I am unsure of the time I will be in Bellevue, but I hope those that attend let us know how things go. Thanks for the attention to this problem and any information shared will help in future problems found throughout the Commonwealth and how KC3 will attack them.
 
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