(a) Authorized. Pursuant to KRS 67A.076, there are hereby authorized citation officers, subject to the provisions of this section.
(b) Manner of Appointment. Citation officer positions shall be specifically designated, by ordinance, which ordinance will set out the title of the citation officer and the Code of Ordinance sections and articles to be enforced by the citation officer. Urban county government officers, agents and employees meeting the qualifications of a citation officer shall be nominated by a department commissioner to the mayor for appointment as citation officers. In addition, the district court and urban county council will be notified of all citation officers appointed by the urban county government. The appointment of a citation officer may be withdrawn or suspended for any reason.
(c) Powers. Citation officers shall not have the powers of peace officers to arrest or carry weapons but may issue citations as authorized by ordinance upon observation of violations of ordinances of the urban county government.
(d) Uniform. Each citation officer appointed pursuant to this section shall be readily identifiable by the public as a citation officer by a uniform or other identifying characteristic as designated by the mayor. Citation officers shall immediately identify themselves as citation officers to any member of the public while enforcing any ordinance of the urban county government.
(e) Citation Procedures. The procedures for citations issued by citation officers shall be as provided in KRS 431.015. The citation shall provide that the defendant shall appear within a designated time in the district court, pursuant to the direction of the district court. Standard citation forms will be utilized by all citation officers appointed pursuant to this section.
(f) Issuance of Citations. The mayor may designate certain officers, agents and employees, holding the positions listed below, to issue citations with respect to the ordinances expressly set out for their respective positions.
Subsection | Position Title | Ordinances To Be Enforced |
Subsection | Position Title | Ordinances To Be Enforced |
(1) | Director of building inspection, building inspection manager, building inspection supervisor, commercial building inspector and building inspector employed in the division of building inspection. | |
(2) | Director of revenue and license inspector employed in the division of revenue. | |
(3) | Municipal engineer senior; municipal engineer, associate municipal engineer, engineering technician principal, employed in the division of engineering. | |
(4) | Code enforcement officer, nuisance control officer, code enforcement supervisor, and director of code enforcement employed in the division of code enforcement. | |
(5) | Director of environmental services, and enforcement and compliance program manager and environmental enforcement specialist in the division of environmental services. | Code of Ordinances chapter 16; subsections 5-4(b)(l), 16-2(g), and 19-7(g) of the zoning ordinance; zoning ordinance article 18; sections 4-8(d), 6-7 and 6-11 of the land subdivision regulations; and LFUCG engineering manuals. |
(6) | Urban forester employed in the division of environmental policy, arborist technician employed in the division of environmental policy, and environmental enforcement specialist employed in the division of environmental policy. | Code of Ordinances chapter 17B. |
(7) | Environmental health specialist, senior environmental health specialist, environmental health team leader, environmental health and protection manager, and environmental health coordinator, employed by the Lexington-Fayette County Health Department. | |
(8) | Firefighter assigned to the division of fire and emergency services office of the fire marshal. | |
(9) | Parking control officers employed by or otherwise under the control of the Lexington and Fayette County Parking Authority. | |
(10) | Commissioner, director of enhanced 911, citation officers, GIS programmer/analyst, and GIS specialist employed in or assigned to the department of public safety. | |
(11) | Director of historic preservation and historic preservation specialist(s). | Zoning ordinance article 13. |
(g) Enforcement. Nothing in this section shall be a limitation on the power of a citation officer to make an arrest as a private person as provided in KRS 431.005, that is, when a felony has been committed in fact and the citation officer has reasonable grounds to believe that the person being arrested has committed it. This section shall not be the exclusive means for enforcement of urban county government ordinances, and citation officers are not limited to use of a citation but may swear to a complaint in lieu of citation.
(Ord. No. 212-78, § 1, 9-7-78; Ord. No. 175-79, § 1, 7-12-79; Ord. No. 35-80, § 1, 4-30-80; Ord. No. 70-83, § 3, 5-5-83; Ord. No. 270-83, § 1, 12-20-83; Ord. No. 205-84, § 3, 11-1-84; Ord. No. 17-85, § 3, 2-7-85; Ord. No. 50-87, § 1, 4-2-87; Ord. No. 251-89, § 2, 12-14-89; Ord. No. 254-89, § 1, 12-14-89; Ord. No. 201-91, § 2, 9-5-91; Ord. No. 40-93, § 1, 3-11-93; Ord. No. 58-93, § 1, 4-22-93; Ord. No. 71-94, § 1, 5-25-94; Ord. No. 165-94, § 1, 8-25-94; Ord. No. 268-95, § 6, 11-30-95; Ord. No. 4-96, § 2, 1-11-96; Ord. No. 221-96, § 4, 11-14-96; Ord. No. 13-99, § 1, 1-28-98; Ord. No. 77-99, § 3, 4-15-99; Ord. No. 112-2000, §§ 1, 2, 4-20-00; Ord. No. 163-2000, § 2, 6-15-00; Ord. No. 174-2001, §§ 2, 3, 7-5-01; Ord. No. 327-2001, § 1, 12-13-01; Ord. No. 238-2002, § 1, 9-26-02; Ord. No. 329-2002, § 4, 12-5-02; Ord. No. 236-2003, § 1, 9-25-03; Ord. No. 282-2003, § 23, 12-4-03; Ord. No. 269-2004, § 1, 11-4-04; Ord. No. 304-2004, § 2, 12-2-04; Ord. No. 90-2005, § 16, 4-21-05; Ord. No. 111-2005, § 1, 5-5-05; Ord. No. 121-2005, § 1, 5-19-05; Ord. No. 329-2005, § 5, 12-13-05; Ord. No. 349-2005, § 1, 12-13-05; Ord. No. 35-2006, § 1, 2-9-06; Ord. No. 365-2006, §§ 1, 2, 12-7-06; Ord. No. 374-2006, § 13, 12-12-06; Ord. No. 71-2007, § 1, 4-12-07; Ord. No. 247-2007, § 2, 11-1-07; Ord. No. 144-2009, § 1, 7-7-09; Ord. No. 268-2009, § 1, 12-8-09; Ord. No. 129-2011, § 1, 10-13-11; Ord. No. 160-2011, § 1, 12-6-11; Ord. No. 146-2012, § 2, 11-15-12; Ord. No. 24-2016, § 1, 2-18-16 ; Ord. No. 159-2016 , § 3, 9-15-16; Ord. No. 220-2016 , § 17, 12-6-16; Ord. No. 25-2017 , § 2, 3-2-17; Ord. No. 60-2018 , § 1, 9-13-18; Ord. No. 074-2022 , § 1, 7-7-2022)