Section 3. Conditions
Governing Use of State Facilities and Grounds.
(1) General conditions governing all state
facilities and grounds to which visitors, applicants, and other persons
visiting under application agree to abide.
(a)
Visitors shall agree to be, and are, responsible for any vandalism, damage,
breakage, loss, or other destruction caused by that individual, organization,
or entity. In regards to historic properties, costs may include costs for the
services of specialists in relevant historical restoration skills.
(b) An agency agrees to reimburse, and shall
reimburse, the department for any damage caused to state facilities assigned to
its use.
(c) This administrative
regulation is not intended to waive or preclude recovery by an agency from
visitors for damages caused by them.
(d) Visitors shall indemnify and hold
harmless the Commonwealth of Kentucky, its departments, agents, employees, and
contractors from and against any and all suits, damages, claims, or liabilities
due to personal injury or death; damage to or loss of property; or for any
other injury or damage arising out of or resulting from the use of state
facilities or grounds, except as provided by in KRS Chapter 49.
(e) Visitors shall not dig, excavate, or use
metal detectors.
(f) Visitors shall
not post or affix signs, announcements, or other documents on any exterior or
interior wall, ceiling, floor, door, window, or other surface not specifically
designated for that purpose.
(g)
Visitors shall promptly remove items or materials owned or used by them after
an exhibit, event, or visitation. Failure to do so may result in the department
billing the individual, organization, or entity with the costs of disposal,
inclusive of use of staff time, which the individual, organization, or entity
agrees to be responsible for as a condition of using the state facility or
grounds.
(h) Smoking shall not be
permitted in state facilities or on state grounds.
(i) Visitors shall not wear masks or hoods
that conceal the identity of the wearer, except for:
1. Religious dress of a generally recognized
religion;
2. Minor children
celebrating Halloween; and
3. Face
coverings, worn to prevent or mitigate the spread of communicable
disease.
(j) Public use
of state facilities by visitors shall not interfere with the conduct of normal
public business, including any legislative session, court proceedings, or any
other public business.
(k) Use of
state facilities and state grounds by visitors shall conform to any applicable
limits or requirements contained in the Kentucky Building Code,
815 KAR
7:120; the Kentucky Standards of Safety contained in
815 KAR
10:060; orders of the State Fire Marshal, local fire
codes, inclusive of any applicable occupancy limits; and the provisions of this
administrative regulation or the materials incorporated herein.
(l) Visitors shall not congregate in, or
otherwise obstruct, passageways or office entrance areas in a manner that would
impair the normal conduct of state business or the safe evacuation of people in
the event of a fire or similar emergency.
(m) Use or parking of a motorized vehicle on
lawns, sidewalks, or terraces shall be restricted to emergency, maintenance,
construction, development, delivery, or authorized building access purposes as
determined by the department.
(n)
The operation of aircraft, other than at designated landing areas, shall be
prohibited.
(o) The mass release of
birds, butterflies, or other living creatures shall be prohibited.
(p) Livestock shall be prohibited, except at
facilities designated for livestock-related purposes, unless express written
approval is granted by the department, or delegee.
(q) In addition to any use limitations
imposed by this administrative regulation, within areas assigned to its use, an
agency may impose such additional use restrictions as are necessary and proper
to ensure:
1. Efficient operation and conduct
of state business;
2. The safety of
state employees and visitors;
3.
The security of public assets and data; and
4. Restrictions necessary to conform to
requirements of state and federal law.
(r) The following items shall be prohibited,
unless owned or controlled by the state:
1.
Hot-air balloons and similar lighter-than-air objects and aircraft;
2. Powered aircraft, including drones and
remotely-operated aircraft;
3.
Remotely controlled toys and vehicles;
4. Rockets and similar missiles;
and
5. Fireworks and other
explosive items.
(s) The
following items shall not be permitted in any state facility, unless the items
are owned or controlled by the state:
1. Any
equipment, apparatus, or machinery that fails to conform with local fire
codes;
2. Skateboards, roller
skates, rollerblades, bicycles, mopeds, motor bicycles, motorcycles, and
hoverboards; exclusive of mobility devices used by a disabled individual;
and
3. Any personal property that
interferes with any electrical or mechanical system in a state
facility.
(t)
Individuals openly carrying a deadly weapon may be ordered to leave state
facilities and grounds when:
1. Brandishing a
firearm or other deadly weapon in an unsafe manner, including :
a. Pointing the muzzle of a firearm at
another individual;
b. Failing to
keep the safety of a firearm in the "on" position while carrying a
firearm;
c. Failing to keep their
finger outside of the trigger guard of a firearm; or
d. Threatening another person with a firearm
or other deadly weapon; and
2. Failing to fully comply with the
provisions of paragraph (v) of this subsection, the other provisions of this
administrative regulation, or the lawful direction of facility security
personnel.
(u)
Individuals ordered to leave state facilities and grounds pursuant to paragraph
(t) of this subsection may be subject to criminal prosecution if they refuse to
leave state facilities and grounds or comply with the lawful direction of
facility security personnel.
(v)
Individuals authorized to enter a state facility with one (1) or more firearms
shall:
1. Securely maintain handguns in a
holster with two (2) or more retention security features;
2. Securely maintain long guns behind the
back using a strap slung over the shoulder, muzzle pointing up, in a manner to
prevent muzzle rocking rearward during movement;
3. Be in possession of no more ammunition
than can be loaded into the firearm at one (1) time; and
4. Possess no more than one (1) magazine,
whether attached or detached from the firearm.
(w) The terms of this administrative
regulation shall not apply to:
1. Tourism,
Arts, and Heritage Cabinet administered facilities and properties;
2. Tenants of state facilities;
3. Inmates and other incarcerated persons;
or
4. Other individuals in the
care, custody, or control of the state.
(2) Operating hours and access requirements.
(a) The commissioner, in consultation with
agencies using each facility, shall establish normal business hours to
designate when state facilities and grounds are open for public access. The
commissioner may delegate authority to set normal business hours for all state
facilities and grounds or for specific state facilities and grounds.
(b) Normal business hours of operation shall
be posted at public entrances of state facilities and prominently posted on
state grounds.
(c) Public
entrances, operating hours, and scope of access may be changed due to
maintenance, emergency, disaster, safety threats, and similar concerns as
determined by the commissioner.
(d)
For purposes of public security and safety, all packages, backpacks, purses,
bags, briefcases, or other similar items brought into a state facility shall be
subject to search.
(e) A visitor
shall not enter or remain on state facilities or grounds after normal business
hours of operation without express approval, except state employees, contract
workers for the state, or members of the public who are:
1. Meeting with an agency or legislator in
regard to a public matter;
2.
Attending a scheduled public meeting; or
3. Escorted by a state employee for the
purpose of conducting state business.
(f) Visitors present at a state facility or
on state grounds may be given up to thirty (30) minutes after normal business
hours have ended to vacate the state facility or state grounds before being
subject to immediate removal.
(g)
If an agency allows individuals to remain in a state facility after normal
business hours, it may be found to be jointly liable for damage caused by
unescorted visitors.
(h) Visitors
shall not camp or remain overnight in state facilities or on state
grounds.
(i) As a condition to
their use of, or presence on, state facilities and grounds, applicant and
visitors agree that state and local law enforcement officers may physically
remove them from state facilities and grounds if they remain longer than thirty
(30) minutes after normal business hours have ended and waive any claim against
the law enforcement officers and the commonwealth unless undue force is used
resulting in serious physical injury as defined by
KRS
500.080(15).
(4) Administration of usage
conditions.
(a) In addition to any civil or
criminal penalties provided for under Kentucky law, visitors who violate the
restrictions contained in this administrative regulation, agree to be, and
shall be subject to immediate removal from state grounds and facilities as
follows:
1. If a violation concerns damage to
state facilities or grounds, or disruption of state business, the commissioner
or agency head of the affected agency may request removal by officers of the
Kentucky State Police, contract security staff, or other state or local law
enforcement officers; or
2. If a
violation concerns a safety concern or threat, removal may be done at the
request of the commissioner or agency head of the affected agency, or upon
exercise of independent discretion of the Kentucky State Police, contract
security staff assigned to the state facility or grounds, or other state and
local law enforcement offices.
(b) The commissioner, agency head of a tenant
agency, officers of the Kentucky State Police, contract security staff, or
other state or local law enforcement officers may place limitations on total
number of participants, the area in which an event may be conducted, and may
direct the clearing of an area or separation of groups, in order to ensure
compliance with applicable health and safety standards, maintain public order,
or ensure that normal public business may be conducted.
(c) This administrative regulation shall not:
1. Prohibit the regular conduct of agency
operations in a state facility or on state grounds after normal business hours
regarding state facilities or grounds assigned to the agency's use;
or
2. Limit the ability of an
agency to make full and unencumbered use of state facilities or grounds
assigned to them, subject to any specific conditions placed upon their use by
the department.