2014 Kentucky Revised Statutes
CHAPTER 83A - ORGANIZATION OF GOVERNMENT IN CITIES
83A.065 Enforcement of city ordinances.
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<![CDATA[83A.065 Enforcement of city ordinances.
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Every city shall have the power to establish fines, penalties, and forfeitures that
may be imposed for violation of its ordinances, and may secure injunctions and
abatement orders, when appropriate, to insure compliance with its ordinances.
A city may make the violation of any of its ordinances a misdemeanor or a
violation by the express terms of the ordinance. When an offense is designated
by ordinance as a misdemeanor, a criminal fine not to exceed the amounts set
forth in KRS 534.040(2)(a), or a term of imprisonment not to exceed the
periods set forth in KRS 532.090(1), or both, may be imposed for the offense.
When an offense is designated by ordinance as a violation, a criminal fine not
to exceed the amounts set forth in KRS 534.040(2)(c) may be imposed for the
offense.
If an ordinance fails to prescribe any penalty for noncompliance with its
provisions, any noncompliance shall be deemed a violation and a criminal fine
not to exceed the amount set forth in KRS 534.040(2)(c) may be imposed for
the offense.
As an alternative to or in conjunction with the criminal penalties authorized by
subsection (2) of this section, an ordinance may provide by its express terms
that a violation shall subject the offender to a civil penalty to be recovered by
the city in a civil action in the nature of debt if the offender does not pay the
penalty within a prescribed period of time after he has been cited for the
violation of the ordinance.
A city ordinance may provide a fine, penalty, forfeiture, or term of imprisonment
for an act or omission to act which is also an offense under the Kentucky
Revised Statutes. In that case, the fine, penalty, forfeiture, or term of
imprisonment imposed by the ordinance shall not be less than or greater than
that imposed by statute for the same offense.
A city ordinance may provide, when appropriate, that each day a violation of
the ordinance continues shall be a separate and distinct offense.
Subject to the express terms of the ordinance, a city ordinance may be
enforced by any one (1), all, or a combination of the remedies authorized by
this section.
Except where the charge of a violation of a city ordinance is joined with an
indictment for a felony as provided in KRS 24A.110(2), the violation of all city
ordinances prescribing a criminal penalty as authorized in subsection (2) of this
section shall be prosecuted in the District Courts of the Commonwealth. The
county attorney shall prosecute all violations of city ordinances for which the
criminal penalties authorized by subsection (2) of this section may be imposed.
The city attorney shall pursue all violations of ordinances for which a civil
penalty or forfeiture may be imposed, or involving injunctive relief or
abatement, by filing a petition with the court of appropriate jurisdiction. Nothing
in this section shall be intended to preclude any remedy for the violation of a
city ordinance, including any administrative remedy, authorized by any other
statute.
Effective:July 14, 1992
History: Created 1992 Ky. Acts ch. 193, sec. 1, effective July 14, 1992.
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