§ 66-2. Parks—Regulations governing conduct.  

(a)

These rules and regulations are developed to set standards of conduct in the public parks. These rules are designed to ensure the safety and enjoyment of park participants.

(b)

Enforcement. Any person engaging in any activity which shall unreasonably interfere with the use and enjoyment of a public park by citizens or who shall violate any ordinance of the city, park rules or regulations, or law of the state, shall leave the public park upon notification by any authorized park employee or any law enforcement officer of the city, county, or state. The city may suspend the offender's privileges of remaining in the public park and of utilizing recreational facilities and equipment in any and all public parks either for a specified period of time or may banish the offender permanently from all public parks. The offender may appeal to the director of the parks and recreation the suspension of his or her privileges to use the public park or recreational facilities and equipment or banishment. If the offender is dissatisfied with the decision of the director of the parks and recreation department, he or she may appeal the decision to the mayor and city council. Refusal to leave such park when ordered or return to the park within the specified period during which park privileges have been suspended shall be unlawful and punishable as a misdemeanor. In addition to any punishment assessed under this section, the offender may be charged with violation of any applicable state, federal, or local law, statute, or ordinance.

(c)

It shall be unlawful for any person to do any of the following in a public park or on public property:

(1)

Create or maintain a nuisance as defined by state law or by the Code of Ordinances, Kennesaw, Georgia, or pose a danger or threat to the public.

(2)

Willfully mark, deface, disfigure, injure, tamper with, displace or remove, any building, bridge, table, bench, fireplace, railing, paving, paving material, water line or other public utility or parts or appurtenance thereof, sign, notice or placard whether temporary or permanent, monument, stake, post, or other boundary marker, or other structure or equipment, facility or park property or appurtenance whatsoever, either real or personal.

(3)

Sell, transport, possess or consume alcoholic beverages, except at an event approved pursuant to section 6-71 or section 6-72 of the Code of Ordinances, Kennesaw, Georgia.

(4)

Have in his or her possession any item considered to be a weapon under state law, unless possessor has a valid state issued weapons permit; however, no person shall discharge any firearm on or over any public property or public park, unless: in self-defense; or, under a license or permit issued by a governmental entity; or, as part of a reenactment or recreation of an historical event if such reenactment or recreation has been approved, authorized, or sponsored by the city, the state, or the United States of America or a political subdivision of any of them.

(5)

Smoking and tobacco products prohibited. It is unlawful for any person to smoke any substance in a city park or city cemetery. It shall further be unlawful for any person to use any form of tobacco product in a city park or city cemetery. As used in this section, the term "tobacco product" means any product made or derived from tobacco that is intended for human use, including any component, part, or accessory of a tobacco product, and any product that delivers nicotine to the user. This includes, but is not limited to cigarettes, cigarette tobacco, e-cigarettes, cigars, roll-your-own tobacco, smokeless tobacco, or any other tobacco product as defined in section 22-441, of the Kennesaw Code of Ordinances.

(d)

This section 66-2 shall not preclude the possession and use of a musket, bayonet, or any other item otherwise considered a weapon if such item is used at or in conjunction with:

(1)

An historical display approved, authorized, or sponsored by the city, the state, the United States of America, or any political subdivision of any of them; or,

(2)

A reenactment or recreation of an historical event if such reenactment or recreation has been approved, authorized, or sponsored by the city, the state, the United States of America or any political subdivision of any of them; or,

(3)

A parade approved, authorized, or sponsored by the city, the state, the United States of America, or any political subdivision of any of them.

(e)

This section 66-2 shall also not preclude the discharge of a cannon or a firearm of any type that is owned by the city, the state, the United States of America, or any political subdivision of any of them, or that is owned by a current member of a branch of the United States military or the national guard, or that is owned by an historical group and shall not preclude the discharge of any firearm (regardless of the ownership) by any current member of any branch of the United States military or national guard, but only if such cannon or firearm is discharged:

(1)

As part of an historical display approved, authorized, or sponsored by the city, the state, the United States of America, or a political subdivision of any of them; or,

(2)

As part of a reenactment or recreation of an historical event and such reenactment or recreation is approved, authorized, or sponsored by, a parade sponsored by the city, state, the United States of America or any political subdivision of any of them,

(3)

As part of a formal military service approved, authorized, or sponsored by any branch of the military of the United States of America or by the national guard; or,

(4)

At an event approved, authorized, or sponsored by the city, the state, the United States of America or any political subdivision of any of them and the discharge was previously sanctioned by the governmental entity that approved, authorized or sponsored the event.