(a) The police chief or other member of the police force acting under his discretion shall attend all sessions of the council, execute their orders, and preserve order at their sessions.
(b) The chief may receive the same fees, for the use of the urban county government, that sheriffs are entitled to receive for like services, and have the same power to collect them.
(c) The chief, other members of the police force, and others to whom the process of a court is directed and comes for execution shall execute and return the process within the time prescribed by law for sheriffs to execute and return similar process; and on their failure they and their sureties shall be liable to the same penalties as sheriffs. They shall be subject to similar penalties for not paying over moneys collected on execution, making illegal charges, false returns and like illegal acts.
(d) The district court may hear and determine motions against them and their sureties for failure to pay over moneys collected, as the circuit court has jurisdiction to hear and determine motions against defaulting sheriffs, or may proceed by fines and imprisonment to enforce the execution and return of process.
(e) It shall be the further duty of the police chief to command and supervise the police force under the direction of the mayor and to see that the duties of the members as defined by law and by the ordinances are properly performed. The chief, under the supervision of the mayor, is authorized and empowered, and it shall be his duty, to do and perform all acts and things required by general law or by the ordinances to be performed by the chief; and he shall perform such other duties as may be required of him by the council.
(f) It shall be the duty of each member of the police force to acquire and have a general knowledge of the criminal laws of the state and of the ordinances and regulations of the urban county government, which he may be called upon to enforce; to use his best exertion to prevent the commission, within the police jurisdiction of Fayette County, of offenses against the laws of the state and the ordinances and regulations of the urban county government; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders; to observe the good order of the urban county government, and to secure the inhabitants thereof and persons within Fayette County from violence and property from injury.
(g) Each member of the police force, under the supervision of the chief of police, is authorized and empowered, and it shall be his duty, to do and perform all acts and things required by general law or by the ordinances to be performed by policemen; and he shall perform such other duties as may be required of him by the council.
(h) Members of the police force, directly employed by the urban county government, shall be, and are hereby, authorized to carry concealed deadly weapons on or about their persons at all times while within the commonwealth.
(i) The following property procedure shall apply:
(1) The division of police shall take charge of property, within their jurisdiction, alleged to be or suspected of being the proceeds of crime, property taken from the person of a prisoner, lost or abandoned property taken into the custody of any member of the police force or criminal court, and property taken from persons supposed to be insane, intoxicated or otherwise incapable of taking care of themselves.The officer or court having custody of such property shall as soon as practicable deliver it into the custody of the division of police.
(2) All such property shall be particularly described and registered by the division of police in a book kept for that purpose, containing the name of the owner, if ascertained, the place where found, the name of the person from whom taken, with the general circumstances, the date of its receipt, the name of the officer recovering the property, the names of all claimants thereto, and any final disposition of the property. The division of police shall advertise the property pursuant to KRS chapter 424 for the information of the public as to the amount and disposition of the property.
(3) If any property in the custody of the division of police is desired as evidence in any criminal court, such property shall be delivered to any officer who presents an order to that effect from the court. Such property shall not be retained in the court but shall be returned to the division of police.
(4) All property except firearms that remains in the custody of the division of police for three (3) months, without any lawful claimant thereto, may be sold at public auction in a suitable room designated for that purpose, after having been advertised pursuant to KRS chapter 424. The proceeds of such sales shall be paid into the police and fire pension fund established at KRS 67A.360 et seq. Firearms shall be disposed of as provided by KRS 500.090.
(j) Pursuant to KRS 431.007, the division of police may respond to requests for assistance by law enforcement agencies outside Fayette County in conformity with the following regulations:
(1) In the event of a staffing or other emergency in any other county, members of the division of police may be assigned to duty in the other county when so requested by the law enforcement agency in that county. The division of police may also respond to counties when there are non-emergency situations which require special equipment or training which the other county does not possess. Unless otherwise agreed between the agencies, when members of the division of police respond to such calls for assistance, the ranking law enforcement officer of the jurisdiction making the request shall be deemed the commander.
(2) In exercising the discretion to send members of the division of police out of Fayette County as above set out, the mayor and the police chief shall at all times ascertain to the best of their ability the necessity for such assistance and shall also give primary and due consideration to the requirements of adequate police protection for Fayette County.
(3) Pursuant to KRS 431.008, when a member of the division of police is lawfully conducting an assistance operation under this section, any insurance relative to the performance of his duties, including, but not limited to, workers' compensation, health, liability, and motor vehicle insurance, shall remain in force.
(4) The mayor shall have authority to sign agreements and memoranda of understanding with other law enforcement jurisdictions as necessary to effectuate the intent of KRS 431.007 and this section.
(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 307-2001, § 1, 12-6-01; Ord. No. 301-2002, § 1, 11-21-02)
State law references(s)—Custody and disposition of property taken by the police department, KRS 95.435; duties and liabilities of chief of police and policemen, fees, in urban county government, KRS 95.480; carrying concealed deadly weapons, KRS 527.020(3).